Indiana Landlord/Tenant Law: The 45-Day Letter

In Indiana, landlords are required to provide 30 days notice to tenants notifying the tenants of when to vacate the property. Further, landlords must send a letter within 45 days of move out either returning a tenant’s security deposit or itemizing any withheld funds from that security deposit.

Under Indiana law, upon securing possession of the property, a landlord has 45 days after receiving the tenant’s forwarding address to return the tenant’s security deposit. The amount to be returned must be the entirety of the security deposit minus:

• any unpaid rent;
• costs for repair to the property and other legal damages caused by the tenant; and/or
• any unpaid utility costs the tenant owes under the terms of the lease.

Indiana law only allows for the above-listed items to be deducted from the security deposit. A landlord must send an itemization outlining exactly what the security deposit was applied to. If the tenant is due a refund of all or part of the security deposit, this itemization must accompany a check for that amount. If costs exceed the security deposit, the landlord may seek those additional fees through the courts.

If a landlord fails to return the security deposit or send an itemization of what the deposit has been applied to, the landlord could open themselves up to a lawsuit for recovery of the security deposit and other associated costs, including the former tenant’s attorneys’ fees. Additionally, failure to send this itemization to the tenant waives the landlord’s right to seek any costs or damages except unpaid rent.

As noted above, the obligation to provide a 45-day letter does not arise until the tenant provides the landlord with written notice of a forwarding address. Without this written notice, the landlord will not know where to send the letter and thus has no obligation to send the letter. Once the tenant provides this forwarding address, however, the landlord must act accordingly.

Indiana landlord tenant law can be complicated at times. The attorneys at McNeelyLaw are here to assist in navigating these often complex laws. Give us a call at (317) 825-5110 for assistance with your landlord/tenant matters.

This McNeelyLaw LLP publication should not be construed as legal advice or a legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.