landlord filed eviction - lots of problems

[porcelina68]

What is the name of your state? Indiana

I know that Indiana law states that a landlord must send an itemized statement to a former tenant within 45 days of the tenant vacating an apartment, or he forfeits any and all money and damages. In my case, that would be this Saturday. I still have not received anything but a letter from him, stating that he would not be returning my security deposit.

He did file an eviction at the end of June, and that case was continued to today. Before I went to court, I found out that he actually filed the suit with the wrong township. I informed the judge about this, and she asked me why I had not informed anyone of this matter. I didn't think that it was my responsibility to inform someone of this mistake, since it wasn't my error, but I was wrong. She "pardoned" me for this, and told my ex-landlord that she would be transferring it to the proper township court. She also MADE me provide him with my new home address, even though he already had a mailing address for me.

My question is, should I wait until I receive notice of a new court date to file a counter-claim regarding my security deposit, or should I just file a suit on Monday morning? What am I entitled to ask for?

 

[HomeGuru]

What is the name of your state? Indiana

I know that Indiana law states that a landlord must send an itemized statement to a former tenant within 45 days of the tenant vacating an apartment, or he forfeits any and all money and damages. In my case, that would be this Saturday. I still have not received anything but a letter from him, stating that he would not be returning my security deposit.

He did file an eviction at the end of June, and that case was continued to today. Before I went to court, I found out that he actually filed the suit with the wrong township. I informed the judge about this, and she asked me why I had not informed anyone of this matter. I didn't think that it was my responsibility to inform someone of this mistake, since it wasn't my error, but I was wrong. She "pardoned" me for this, and told my ex-landlord that she would be transferring it to the proper township court. She also MADE me provide him with my new home address, even though he already had a mailing address for me.

My question is, should I wait until I receive notice of a new court date to file a counter-claim regarding my security deposit, or should I just file a suit on Monday morning? What am I entitled to ask for?

**A: did you file a separate suit for the return of your deposit?

 

[porcelina68]

Not yet, because the 45 days isn't up until tomorrow. I was wondering if I should file a separate suit, or if I should just file a counter claim when I receive the court paperwork from the proper venue.

 

[HomeGuru]

Why is he filing an eviction if you are already moved out?

 

[porcelina68]

The suit was filed about one week before we actually moved. He filed it in the wrong venue, and it had to be transferred. The new court hasn't put it on the docket yet.

 

[HomeGuru]

Oh.

 

[JETX]

"I know that Indiana law states that a landlord must send an itemized statement to a former tenant within 45 days of the tenant vacating an apartment, or he forfeits any and all money and damages."
*** Have you provided the landlord in writing with a mailing addres?? If not, then the provision you cite does NOT apply.
From IC 32-31-3-12:
"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."

The full Indiana statute regarding security deposits can be found at:
http://www.in.gov/legislative/ic/code/title32/ar31/ch3.html

 

[porcelina68]

Yes, the landlord was provided with a mailing address, in writing, about 3 days after we moved. However, it was not my home address. The judge, with no jurisdiction over the case, made me give him my home address.