Legal Question in Civil Litigation in Indiana

Re: Renter's Rights

In order to properly answer this question, I'll need to know whether the boys contributed to starting the fire (I'm assuming so?)

When is their lease up and are they back living in the house? What are the terms of the lease?

Re: Renter's Rights

There is an Indiana Statute regarding return of such deposits which is not widely known by the landlords. The basics are that, within so many days of the termination of the lease, the deposit must be returned in full unless the landlord notifies the renters in writing that he is not refunding the deposit or a portion thereof (with an itemization of reasons and amounts he is not refunding).

For example: "I am not refunding your deposit of $300 due to $100 to shampoo carpets left stained and $200 paid to X Company to clean apartment left dirty." The beauty of this law is two-fold:

1. Even if he has valid reasons under law to withhold the deposit, it does not matter if written notice is not given within the statutory period to the renters.

2. If he withholds their deposit without notice, he can be held liable for attorney fees to recover the deposit.

I assume this was a standard one year lease (January to January) and there may be an additional cause of action to recover the unused rent (pro rata) depending on the lease itself and proof that he was reimbursed for the period the residence was uninhabitable. Typically this is all a small claims action. There are dollar limitations on recovery, but you should be well within the limits. I don't know how much the deposit was.

The statute should be checked specifically for all details (time limitations, etc.) in this case. The only requirement of the renters is that they provide a forwarding address where they can be contacted after they leave the residence. I would suggest you not notify your landlord that the statute exists until that period expires. As a "slum landlord", he should know it. If he does not--all the better for justice.