How long does a landlord in Indiana have to return a security deposit?
45 calendar days
IC 32-31-3-12(a) requires the itemized written notice and the balance of the deposit to be delivered not more than forty-five days after termination of the rental agreement AND delivery of possession, and then adds: '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.'
In plain terms, the statute says
A landlord who fails to mail the itemized list of damages within forty-five days is deemed under IC 32-31-3-15 to have agreed that no damages are due and must immediately remit the full deposit, and under IC 32-31-3-16 is liable to the tenant for the part of the deposit withheld plus reasonable attorney's fees and court costs; IC 32-31-3-12(b) likewise lets the tenant recover all of the deposit due plus reasonable attorney's fees. The remedy is strict — no bad faith, willfulness or wrongful intent need be shown — and there is no damages multiple.
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Questions people ask
How long does a landlord in Indiana have to return a security deposit?
Indiana: 45 calendar days. IC 32-31-3-12(a) requires the itemized written notice and the balance of the deposit to be delivered not more than forty-five days after termination of the rental agreement AND delivery of possession, and then adds: '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.'
What happens if a landlord in Indiana is late?
A landlord who fails to mail the itemized list of damages within forty-five days is deemed under IC 32-31-3-15 to have agreed that no damages are due and must immediately remit the full deposit, and under IC 32-31-3-16 is liable to the tenant for the part of the deposit withheld plus reasonable attorney's fees and court costs; IC 32-31-3-12(b) likewise lets the tenant recover all of the deposit due plus reasonable attorney's fees. The remedy is strict — no bad faith, willfulness or wrongful intent need be shown — and there is no damages multiple.
Where can I read Indiana's security-deposit law?
Indiana's rule is in Ind. Code § 32-31-3-12. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
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