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, the landlord is permitted to deduct damages from the security deposit if the damage to the rental unit has occurred beyond what is termed to be ‘normal wear and tear’. This is provided for in Burns Ind. Code Ann. § 32-31-3-13 which reads:“A security deposit may be used only for the following purposes:
(1) To reimburse the landlord for actual damages to the rental unit or any ancillary facility that are not the result of ordinary wear and tear.
(2) To pay the landlord for:
(A) all rent in arrearage under the rental agreement; and
(B) rent due for premature termination of the rental agreement by the tenant.
(3) To pay for the last payment period of a residential rental agreement if a written agreement between the landlord and the tenant stipulates that the security deposit will serve as the last payment of rent due.
(4) To reimburse the landlord for utility or sewer charges paid by the landlord that are:
(A) the obligation of the tenant under the rental agreement; and
(B) unpaid by the tenant.”
Although, such claims should be itemized and given to the tenant within 45 days along with the remaining amount of security deposit if any per § 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.
