RECENT QUESTION FROM A CIREIA MEMBER.

Answer provided by John Cross/Mercer Belanger, P.A and Board Attorney

Question:  What do I do if my landlord doesn't return my security deposit?

From John Cross:  Attached is the Indiana Small Claims Manual that provides useful information for Landlords/Tenants starting on page 20.  She should send written notice of her new address to the landlord.  Official information below for posting:

========================= CLICK HERE FOR MANUAL =====================================

Indiana Code 32-31-3-12 requires landlords return security deposits to tenants within 45 days of termination of the rental agreement and delivery of possession of the rental property.  The landlord can deduct the following amounts from the security deposit: (1) the payment of accrued rent; (2) the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and (3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement.  The landlord must itemize the deducted amounts, and any amounts remaining due, by written notice delivered to the tenant.  However, the tenant  must give written notice of their new address to the landlord prior to being entitled to return of any security deposit.


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