Legal Question in Landlord & Tenant Law in Florida

Its my understanding that under § 95.11(2)(b)-(c), Florida Statute, “a legal or equitable action on a contract, obligation, or liability founded on a written instrument” or “action to foreclose a mortgage” must be brought within 5 years of the date of the first missed payment.

If those five years have passed, prior to a homeowners association filing a lien and foreclosing on it, can the defense of continuing obligation be used by the association to toll the SOL?

Asked on 4/12/23, 9:18 am

1 Answer from Attorneys


Without knowing the entire scenario, there is no way this question can be answered properly. You need to contact an attorney. Also, if you're the homeowner, this is the wrong site. If you're the tenant, this doesn't concern you.

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Answered on 4/13/23, 7:33 am

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