Landlord won't return Security Deposit

[thisiscmd]

What is the name of your state (only U.S. law)? Indiana

We moved out over 90 days ago and the landlord still hasn't returned $1300 security deposit. After many phone calls and an ultimatum email, he finally sent over a spreadsheet showing that he had to spend $1700 on fixes but he's calling it even. There are no receipts and the charges are totally bogus. We were only there a year and left it in great condition.

I don't have proof of the condition of the house upon moving out but law says he had 45 days to tell me this. He took over 90 days. Is this an open and shut case for us?

The only concern I have is that we didn't send certified letter of new address. We did give it to him via mail and a text message and he could have sent to the property address and it would have automatically forwarded.

Thoughts?

 

[Gail in Georgia]

Information regarding the security deposit law for Indiana:

"IC 32-31-3-12
Return of deposits; deductions; liability
Sec. 12. (a) Upon termination of a rental agreement, a landlord shall return to the tenant the security deposit minus any amount applied to:
(1) the payment of accrued rent;
(2) the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and
(3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement;
all as itemized by the landlord with the amount due in a written notice that is delivered to the tenant not more than forty-five (45) days after termination of the rental agreement and delivery of possession. The landlord is not liable under this chapter until the tenant supplies the landlord in writing with a mailing address to which to deliver the notice and amount prescribed by this subsection. Unless otherwise agreed, a tenant is not entitled to apply a security deposit to rent.
(b) If a landlord fails to comply with subsection (a), a tenant may recover all of the security deposit due the tenant and reasonable attorney's fees.
(c) This section does not preclude the landlord or tenant from recovering other damages to which either is entitled.
(d) The owner of the dwelling unit at the time of the termination of the rental agreement is bound by this section.
As added by P.L.2-2002, SEC.16."

There is nothing in this law that requires a landlord to provide receipts to the former tenant. Note that the landlord can still sue for damages if they wish.

Gail

 

[thisiscmd]

Thanks Gail.

I actually have read that prior to posting and have it printed out for reference.

My issue is with interpretation; specifically regarding me sending him the forwarding address. Do I need to send the forwarding address via certified mail before I take him to small claims?

Trust me when I say that these charges are bogus. Some of them I can prove, some of them I don't have to, and some of them might come down to he said she said. He's charging for painting when there's nothing beyond normal wear and tear (nothing in reality and nothing claimed by him). He's claiming for professional house cleaning AND professional carpet cleaning (there's a difference?) for "thick dog hair throughout" (I have a 13lb poodle mix and a 18lb mini shnauzer; neither shed). He's charging for having to mow the front and back lawn of his 5 acre estate TWICE. I had the front and side mowed professionally on a regular basis and before I left and can prove it with receipts. The back he said not to worry about but is now changing his mind. He says 20 light bulbs were out and is charging $5 per bulb. None were out that we were aware of.

At the end of the day, does it matter? He has taken over 90 days and only had 45 within law. Or, will my lack of proof for sending him my forwarding address hurt me there. As I said, he could have sent it to the property address and it would have forwarded.

 

[Gail in Georgia]

Yes, you can certainly sue (should it come to that) for the security deposit that was not returned within the required time period. And in some states a tenant can sue for several times the amount of the security deposit. Indiana does not have this in their security deposit law.

The law does not specify how you needed to provide the landlord with your forwarding address (and indeed, it does not appear that your former landlord is claiming you didn't do this, did he?)

If you disagree with the amount kept from the deposit, you write (not email, not call) what is known as a "dispute" letter, disputing the amount kept and demanding that the landlord provide you with this amount without a specific time period (say, two weeks after he/she receives your letter). Keep a copy for your files.

If you do not receive satisfaction regarding this matter, your next step it to considering filing a lawsuit for this money. These type of lawsuits are typically handled in Small Claims court as they involve relatively small amounts of funds in dispute. In Indiana this is $3000 or less ($6000 in Allen and Marion counties).

Your problem may be proving the status of the rental unit at move out. Without pictures or other evidence this may be difficult. Keep in mind that Indiana is a state that still allows a landlord to sue for damages and quite frankly, your landlord would likely do this should you file a claim against him or her.

This is why this may not be an "open and shut" case for you.

Good luck...

Gail

 

[thisiscmd]

I thought Indiana did have that law. Am I misunderstanding what is pasted below?

See excerpt below link.

Indiana Code 32-31-3

"IC 32-31-3-14
Notice of damages; refund of remaining deposits
Sec. 14. Not more than forty-five (45) days after the termination of occupancy, a landlord shall mail to a tenant an itemized list of damages claimed for which the security deposit may be used under section 13 of this chapter. The list must set forth:
(1) the estimated cost of repair for each damaged item; and
(2) the amounts and lease on which the landlord intends to assess the tenant.
The landlord shall include with the list a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord.
As added by P.L.2-2002, SEC.16.


IC 32-31-3-15
Remittance of full deposit
Sec. 15. Failure by a landlord to provide notice of damages under section 14 of this chapter constitutes agreement by the landlord that

no damages are due, and the landlord must remit to the tenant immediately the full security deposit.
As added by P.L.2-2002, SEC.16.

IC 32-31-3-16
Liability for withheld deposits
Sec. 16. A landlord who fails to comply with sections 14 and 15 of this chapter is liable to the tenant in an amount equal to the part of the deposit withheld by the landlord plus reasonable attorney's fees and court costs.
As added by P.L.2-2002, SEC.16."

 

[thisiscmd]

I think I misunderstood your response before replying. I guess you're saying that even though he only had 45 days, I should still send the letter disputing the charges.

I hate to drag this out even farther but I want to make sure due diligence is done before going to court.

 

[Banned_Princess]

I think I misunderstood your response before replying. I guess you're saying that even though he only had 45 days, I should still send the letter disputing the charges.

I hate to drag this out even farther but I want to make sure due diligence is done before going to court.

I would have started that process on day 46. plus the letter before the 45 days giving him warning that I am suing on day 46.

just send A letter that according to the law he had 45 days. after 90 he produced a list of fraudulent "charges" and if he doesn't return the deposit in full in 10 days you are going to sue him for 3x the deposit. (Is that true in Indiana? no its not...) OK so tell him that your going to hire the best lawyer money can buy, so he would have to pay for that too.


you have to be confident.

 

[Gail in Georgia]

"I think I misunderstood your response before replying. I guess you're saying that even though he only had 45 days, I should still send the letter disputing the charges. I hate to drag this out even farther but I want to make sure due diligence is done before going to court."


If you wish, you can certainly go directly to court over this matter.

The point I was trying to make is that the landlord can still countersue for "other" damages (as outlined under 3 (c) in the attached:

"IC 32-31-3-12
Return of deposits; deductions; liability
Sec. 12. (a) Upon termination of a rental agreement, a landlord shall return to the tenant the security deposit minus any amount applied to:
(1) the payment of accrued rent;
(2) the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and
(3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement;
all as itemized by the landlord with the amount due in a written notice that is delivered to the tenant not more than forty-five (45) days after termination of the rental agreement and delivery of possession. The landlord is not liable under this chapter until the tenant supplies the landlord in writing with a mailing address to which to deliver the notice and amount prescribed by this subsection. Unless otherwise agreed, a tenant is not entitled to apply a security deposit to rent.
(b) If a landlord fails to comply with subsection (a), a tenant may recover all of the security deposit due the tenant and reasonable attorney's fees.
(c) This section does not preclude the landlord or tenant from recovering other damages to which either is entitled.
(d) The owner of the dwelling unit at the time of the termination of the rental agreement is bound by this section.
As added by P.L.2-2002, SEC.16."

And, unfortunately, you don't have pictures of the rental unit at move out or other evidence to back your claim regarding no damage above normal wear and tear, correct?

This is why a demand letter MAY be a better choice for you prior to going to court.

Gail

 

[thisiscmd]

Thanks for your help Gail.

I guess my thought process is that even if the charges were legit, which they're not, he waited too long to make them up.

If we were discussing these charges 2 months ago I'd spend energy on refuting them. As is, I'm leaning towards send a letter requesting the amount in full due to the fact that he's past 45 days or else we will solve the matter in court.

Never done this sort of thing. It'd be a lot easier if he weren't a jerk and did the right thing.

 

[thisiscmd]

Thanks for your help to Princess. (That sounded weird to say). I'd rather send a letter to get a check than have to go to court. Maybe a demanding letter would do it.