Does my landlord have the When does the landlord If your lease says the landlord can keep your deposit for other reasons, that part right to keep my deposit? have to return my deposit? of the lease may not be enforced. Maybe. A landlord can keep your The landlord must send you a letter security deposit only in certain situations. within 45 days of when your lease ends What if my landlord does There is a state law that explains when and you move out (unless your lease says not return my deposit or a and how you can get your deposit back. the landlord must send it in less than 45 list of damages within the days). The letter must either return your What should I do to get my deposit or give you a list of any deadline? deductions the landlord claims. The 45 security deposit back? days does not start to run until you If 45 days (or fewer stated in your lease) give the landlord a forwarding address have passed since you moved out and You should leave the home in good in writing. you gave your landlord a forwarding condition and give your landlord your address in writing, you can sue the forwarding address in writing. As soon as Can the landlord return landlord for the full amount of the you move out, send or give a letter to the deposit and reasonable attorney’s fees. landlord (by hand or certified mail, if only part of my deposit? You can file a lawsuit in the small claims possible). It should include a mailing court where the property is located. address where the landlord can reach Yes. A landlord can send you a partial you. Make sure the letter is dated and refund. However, the landlord must still If the landlord does not mail you the keep a copy for your own records. send a letter within the 45 day deadline itemized list of damages in time, the (or earlier as stated in the lease). The law says the landlord has agreed that Why do I need to give my letter must list any deductions the no damages are due (except unpaid landlord made from your deposit. rent). This can save tenants a lot of landlord a mailing address money by limiting what the landlord can in writing? Can a landlord keep my claim. deposit for any reason? If you do not give your landlord written What else should I do notice of your forwarding address, the landlord is not required to send your Under Indiana law, the landlord can keep before I move out? deposit or a letter about why he or she is all or some of your security deposit for keeping your deposit. You cannot sue for only the following reasons: Remove all your property and clean the return of your deposit if you don’t everything. Take pictures and have give the landlord a forwarding address in • Unpaid rent; witnesses inspect your home right before you leave. You can ask the landlord to writing. The address does not have to be Damages to the home that are more • walk through the home with you and see where you live, just where you can get than ordinary wear and tear; or mail. It’s best to give your forwarding if you agree on any damages. Return address as soon as you move out. • Unpaid utility charges the lease your keys after you move out. Bring your required you to pay. pictures and witnesses if you go to court. If my landlord has filed an To apply for legal help, call ILS eviction against me, will I intake at your nearest office. lose my deposit? Bloomington Evansville 812-339-7668 812-426-1295 Not necessarily. If you give a landlord 800-822-4774 800-852-3477 your forwarding address in writing, the landlord is still required to send you a list Fort Wayne Indianapolis of any deductions from your deposit. If 260-424-9155 317-631-9410 the landlord does not do this, you can 888-442-8600 800-869-0212 counterclaim against the landlord for the full amount of the deposit. Lafayette Merrillville 765-423-5327 219-738-6040 Security Deposits One problem is that damage hearings are 800-382-7581 888-255-5104 often set less than 45 days from the date New Albany South Bend of evictions. Landlords often wait until 812-945-4123 574-234-8121 the damage hearing to give you a list of 800-892-2776 800-288-8121 damages or deductions. If you disagree with items on the list, you can ask the Español 866-964-2138 court to set the hearing for another time to allow you a chance to prepare a For more information, visit defense. It’s best to be prepared with photos and any witnesses, however, if the www.indianalegalservices.org. court does not postpone the hearing. This pamphlet is for information only. It is NOT legal advice. For more information on Do I need an attorney to sue how to find a lawyer or get legal help, go to Prepared by http://www.in.gov/judiciary/selfservice/. the landlord for my security Indiana Legal Services, Inc. deposit? Laws change, so please be sure the information is current. No. You can file your case without an attorney in small claims court. The law allows the court to award attorney fees and court costs, so you may be able to Last Revised 09/16 get a lawyer to help you. .