Security Deposits

Security Deposits

Landlords: What Should You Do With The

Security Deposit After Eviction?

Many times landlords come to our office seeking advice on how to deal with a security deposit after they have evicted a tenant. Indiana has a law that all landlords must be aware of.  Indiana Code 32-31-3-12 requires a landlord to return a security deposit to a tenant.  However, a landlord can subtract any accrued rent, damages, and unpaid utility bills, from the security deposit.

All of the offsets against the security deposit must be itemized by the landlord in a written notice that is delivered to the tenant not more than 45 days after termination of the rental agreement and delivery of possession.  If the landlord fails to comply with this notice provision, then a tenant may recover all of the security deposit as well as the tenant’s reasonable attorney fees.  The landlord does not have this requirement though until the tenant supplies the landlord with a mailing address in writing.

Bloom Gates Shipman & Whiteleather, LLP has several attorneys that are well versed in landlord tenant law both from a residential and commercial perspective.  If you have questions about how this law affects you, please give us a call.

 

*Disclaimer: The author is licensed to practice in the state of Indiana. The information contained above is provided for informational purposes only and should not be construed as legal advice on any subject matter. Laws vary by state and region. Furthermore, the law is constantly changing. Thus, the information above may no longer be accurate at this time. No reader of this content, clients or otherwise, should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.