Full question:
My tenants are to vacate my rental unit on the expiry of the term within a week. On inspection, I found that my unit has sustained certain damages that would not be categorized as ‘normal wear and tear’. How do I recover the damages in this situation in Indiana?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: Indiana
Answer:
In Indiana, you can deduct damages from the security deposit if they exceed normal wear and tear. According to Burns Ind. Code Ann. § 32-31-3-13, a security deposit can be used for:
- Actual damages to the rental unit that are not due to ordinary wear and tear.
- Rent arrears under the rental agreement.
- Rent due for premature termination of the rental agreement by the tenant.
- Utility or sewer charges that the tenant was responsible for but did not pay.
Make sure to itemize your claims and provide them to the tenant within 45 days, along with any remaining security deposit amount, as required by § 32-31-3-12.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.