Statute of Limitations

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Leases
  5. Default
  6. Statute of Limitations

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  1. An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within 4 years after the cause of action accrued.By the original lease contract the parties may reduce the period of limitation to not less than one year.
  2. A cause of action accrues when the default occurs, regardless of the aggrieved party's lack of knowledge of the default.A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.
  3. If an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same default or breach of warranty or indemnity, the other action may be commenced after the expiration of the time limited and within 6 months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.
  4. This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action that have accrued before July 1, 1993.

(Code 1981, §11-2A-506, enacted by Ga. L. 1993, p. 633, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "July 1, 1993" was substituted for "this article becomes effective" in subsection (4).

RESEARCH REFERENCES

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2A-506.


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