Texas Breach of Contract Statute of Limitations: Four Years
Reviewed and current as of August 31, 2026. Texas law can change; verify against the current statute before relying on any date.
Quick answer
Texas contract claims generally carry a four-year period, reached either through the debt provision in section 16.004(a)(3) or through the residual period in section 16.051.
Texas does not halve the period for oral agreements the way California does — there is no two-year oral-contract rule.
Source: Texas Civil Practice and Remedies Code sections 16.004 and 16.051 (as of August 31, 2026).
One period, not two
Section 16.051 provides that every action for which there is no express limitations period, except an action for the recovery of real property, must be brought not later than four years after the day the cause of action accrues. Section 16.004(a)(3) separately supplies four years for an action on a debt.
Between them, contract claims land at four years regardless of whether the agreement was written or oral. This is a significant structural difference from California, where section 337 gives written contracts four years but section 339 gives oral contracts only two — a distinction that generates constant litigation over whether an agreement is “founded upon an instrument of writing.” Texas practitioners do not face that question for limitations purposes.
| Agreement | Texas | California |
|---|---|---|
| Written contract | 4 years | 4 years (CCP § 337) |
| Oral contract | 4 years | 2 years (CCP § 339) |
Agreement
Written contract
Texas
4 years
California
4 years (CCP § 337)
Agreement
Oral contract
Texas
4 years
California
2 years (CCP § 339)
When the clock starts
A contract claim generally accrues on breach. Where an agreement calls for performance in instalments, each missed instalment can start its own period, so one contract may generate several deadlines.
Parties can also contract for a shorter period in some circumstances, subject to statutory limits on how far a limitations period may be shortened by agreement — so the contract itself should be read before the code is applied.
Key exceptions and tolling
- No oral-contract discount.Unlike California's two-year rule in section 339, Texas applies the same four-year period to oral agreements, removing the written-versus-oral characterisation fight.
- Real property recovery is excluded.Section 16.051's residual period expressly excepts actions for the recovery of real property, which are governed elsewhere.
- Contractual shortening.Agreements may shorten the period in some circumstances, subject to statutory limits; read the contract before applying the code.
- Sale of goods.Warranty claims on the sale of goods are governed by the Uniform Commercial Code as adopted in Texas, with its own period and accrual rule.
- Governmental defendants.Contract claims against governmental units involve separate statutory prerequisites and notice requirements.
Practice note: the California instinct to pin down whether the agreement is written does not carry over — Texas gives four years either way. What does matter is whether the contract itself shortened the period, and whether instalment obligations created a series of deadlines. Confirm the current text of sections 16.004 and 16.051 on the official Texas statutes site before relying on a date.
Frequently asked
How long do you have to sue for breach of contract in Texas?
Generally four years from breach, reached through the debt provision in Civil Practice and Remedies Code section 16.004(a)(3) or the residual four-year period in section 16.051. This is general information, not legal advice.
Is an oral contract a shorter deadline in Texas?
No. Texas applies the same four-year period regardless of whether the agreement was written or oral. California does halve it, giving oral contracts two years under Code of Civil Procedure section 339 against four for written contracts under section 337.
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More Texas deadlines
Personal injury (Texas)
Two years from accrual under Tex. CPRC § 16.003 — which also covers conversion and trespass.
Wrongful death (Texas)
Two years, accruing on the date of death — stated expressly in Tex. CPRC § 16.003(b).
Medical malpractice (Texas)
Two years from breach, tort, or end of treatment — plus an absolute ten-year repose.
Product liability (Texas)
Two years under § 16.003, but a 15-year repose from date of sale under § 16.012.
Sexual abuse (Texas)
Thirty years for child sexual abuse and certain trafficking; five years for other offences.
Fraud (Texas)
Four years under Tex. CPRC § 16.004 — which also covers debt and breach of fiduciary duty.
Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of Texas Civil Practice and Remedies Code sections 16.004 and 16.051 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.