Legal Question in Real Estate Law in Indiana

Re: Deposit dispute

Indiana law provides that the landlord must return all of the security deposit except for amounts applied to accrued rent, damages and unpaid utility costs and that the landlord must itemize whatever is not being returned in writing. If you dispute what the landlord has written down as the damages or the landlord has not given you an itemization, you can sue in the local small claims court in the county where you reside (if you reside in Marion County, then in the township where the rental property is located) to have the court adjust the amount to be refunded. If you landlord failed to send you the itemized list and balance of the deposit within 45 days from when you moved out, then the court cannot award the landlord any monies from the deposit and the law requires that all amounts be refunded to you. The tenant also has an obligation to provide the landlord with a forwarding address where the itemized list and portion of the deposit can be sent. If the list was sent to you but no portion of the deposit accompanied the list, then the landlord failed to follow the law and must give back the entire deposit. If you got the list and part of the deposit, then it is up the judge to determine whether the balance of the charges against your deposit are fair.