Legal Question in Real Estate Law in Indiana
Can my landlord hold my old mail and deposit after the state's mandatory 45 day
To make a long story short, we moved out of a rented house upon purchasing our first home. We left the house in the same condition, if not better, than when we moved in. It is our understanding that in our state a landlord has 45 days to return our deposit, or send notification of money being withheld for damages, which she did not. After 45 days, we got a letter stating that we owe her money for damages. Upon moving out, we left our forwarding address with her. We also officially forwarded our mail with the US Postal Service. There was a problem with the mail carrier, and not all mail was forwarded in the first two weeks after moving out. The landlord has this mail and will not forward it to us, even after our repeated requests. We sent her several letters asking for the return of our deposit and mail. After quoting the state code specifiying the 45 day rule, she hired an attorney. This attorney does not return our calls. We'd love to get our deposit back, but more importantly, can she hold our mail like this? Do we need an attorney?
Any help would be appreciated.
1 Answer from Attorneys
Re: Can my landlord hold my old mail and deposit after the state's mandatory 45
First off, if you hire an attorney to sue for refund of your security deposit, it appears from your facts that you would be entitled to attorney fees for his services. Secondly, consider contacting the postal inspector for your area about this problem. No, the landlord does not have the right to keep your mail from you. However, don't be surprised if "no mail ever came for you" or it was thrown away because you no longer lived there at trial.
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