LL will not return security deposit in IN

[angelfish03]

I live in Indiana and my lease expired on June 30th of 2009. Prior to that, I told the LL I would do a month-to-month lease for an extra $50/mo until I figured out where I was moving to.

I provided written notice to vacate on July 24th, 2009. The letter said I would vacate on August 31st and gave forwarding address and phone number. I have a copy that was signed to prove receipt by management.

On October 15th, the 45th day, I still had not gotten my deposit or any correspondence from LL. On the 16th, I sent a certified letter with a copy of Indiana law that states if they do not contact me with an itemized list of charges or return my deposit within 45 days, they must give me my entire deposit. The letter was signed for on October 19th - I have copies of all of this.

By the 22nd, I still had not heard anything and called and left two messages that went unanswered. When I finally got a hold of LL, she claimed she sent the itemization and that the deposit was being kept for damages to an apartment three years prior. I told her I never received it and she said she did not send it certified.

Can she keep any of my deposit without proof that she mailed itemization? Advice anyone?

[sandyclaus]

Originally Posted by angelfish03

I live in Indiana and my lease expired on June 30th of 2009. Prior to that, I told the LL I would do a month-to-month lease for an extra $50/mo until I figured out where I was moving to.

I provided written notice to vacate on July 24th, 2009. The letter said I would vacate on August 31st and gave forwarding address and phone number. I have a copy that was signed to prove receipt by management.

On October 15th, the 45th day, I still had not gotten my deposit or any correspondence from LL. On the 16th, I sent a certified letter with a copy of Indiana law that states if they do not contact me with an itemized list of charges or return my deposit within 45 days, they must give me my entire deposit. The letter was signed for on October 19th - I have copies of all of this.

By the 22nd, I still had not heard anything and called and left two messages that went unanswered. When I finally got a hold of LL, she claimed she sent the itemization and that the deposit was being kept for damages to an apartment three years prior. I told her I never received it and she said she did not send it certified.

Can she keep any of my deposit without proof that she mailed itemization? Advice anyone?

Does LL have to provide proof that the accounting was provided within the required 45 day limit? Absolutely yes. The burden is on LL to prove he complied within the required timeframe (which is one reason sending certified, or at least obtaining a proof of mailing, is recommended).

But there is a bigger issue here. LL is claiming to have retained your SD for damages to an apartment over 3 years ago?? The statute of limitations ran out for THAT deposit deduction roughly 2 years, 10 months and 15 days ago. She cannot now try to impose that deduction to the current rental unit. If she intended to withhold any security deposit for those damages, the SD should not have been transferred in full over to the new rental unit you just vacated.

Respond back to the LL that you will sue if she fails to return your FULL security deposit immediately as required by law.

[ecmst12]

Time for small claims court...