Legal Question in Real Estate Law in Indiana

''Landlord won't refund Deposit''

I came to Indiana to work for a video production company as a cameraman, so I signed a 1-year lease on a 1-bedroom apt. starting in Sept.1999-Sept.2000. My lease was up before I was planning on returning to Florida, and still having 2-months left on my video contract. My landlord let me stay on a month-to-month basis without a lease, knowing I was leaving early Dec.2000. I let her know the date I would be moving out, and asked her to drop my deposit by the apt., telling me she would, she never did, so I called her on my cell phone,no answer, I couldn't wait, having to be in Tampa in 2-days. I am presently in Indiana visiting friends, so I went to see her, now she tells me I will not get my deposit back, the apartment was damaged. This is all ficticious on her part, and telling me that I was a bad tenant, I was a good tenant, always working, and very quite. I am 40 yrs. old, and having always rented, I am a very responsible tenant, respecting the property as it's my own, I am not leaving until I get the deposit back, I plan on getting some character witnesses if that's what it takes. I don't appreciate being treated like this by a landlord! I wonder if she does this to her tenants all of the time?


Asked on 10/23/01, 1:42 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: ''Landlord won't refund Deposit''

Indiana requires that a landlord refund the deposit within a specified time or explain the reason for the refusal in writing, but only where the tenant has provided a forwarding address. If the landlord failed to act within the statutory time, then you have a right to sue in the small claims court in the county (or township in Marion County) where the property is located for refund of the deposit. It is unrealistic to expect refund on the day you vacate the premises unless the landlord inspects the premises with you. But if you did not hear from the landlord within 45 days, then you have a right to sue for the entire amount.

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Answered on 11/24/01, 11:53 pm


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