Comments on: Indiana’s Security Deposit Law http://www.askmattonline.com/contracts/indianas-security-deposit-law/ Empowering Business Owners & Real Estate Investors With Knowledge Wed, 25 Jan 2012 16:08:13 +0000 hourly 1 http://wordpress.org/?v=3.1.4 By: Matt http://www.askmattonline.com/contracts/indianas-security-deposit-law/comment-page-1/#comment-1951 Matt Wed, 25 Jan 2012 16:08:13 +0000 http://www.askmattonline.com/?p=231#comment-1951 Hi Mary- I cannot give legal advice on this blog site. However, I'll share with you my general thoughts on the topics you raised. I think it is always a mistake to use a verbal/oral lease. It is more difficult to prove the terms of an oral lease. Generally speaking, the security deposit is not the last month's rent. The last month's rent should be paid timely. The landlord then must follow the 45-Day Letter Rules. Read this blog article for more info. on the topic. <a href="http://www.askmattonline.com/real-estate/45-day-letter-rule-indianas-security-deposit-law/" rel="nofollow">http://www.askmattonline.com/real-estate/45-day-letter-rule-indianas-security-deposit-law/ </a> -Matt Hi Mary-

I cannot give legal advice on this blog site. However, I’ll share with you my general thoughts on the topics you raised.

I think it is always a mistake to use a verbal/oral lease. It is more difficult to prove the terms of an oral lease. Generally speaking, the security deposit is not the last month’s rent. The last month’s rent should be paid timely. The landlord then must follow the 45-Day Letter Rules. Read this blog article for more info. on the topic. http://www.askmattonline.com/real-estate/45-day-letter-rule-indianas-security-deposit-law/

-Matt

]]> By: Mary http://www.askmattonline.com/contracts/indianas-security-deposit-law/comment-page-1/#comment-1950 Mary Wed, 25 Jan 2012 04:34:11 +0000 http://www.askmattonline.com/?p=231#comment-1950 Hi Matt, I have a roommate living in my house that I never signed a lease with so it's month-month. She's moving out in March but wants to know if she can use her security deposit towards her last month's rent. At first I said I don't care but that is probably not a smart move. What I wanna know is, can she do that or is it against the Indiana law? Thanks! Hi Matt,

I have a roommate living in my house that I never signed a lease with so it’s month-month. She’s moving out in March but wants to know if she can use her security deposit towards her last month’s rent. At first I said I don’t care but that is probably not a smart move. What I wanna know is, can she do that or is it against the Indiana law? Thanks!

]]> By: Matt http://www.askmattonline.com/contracts/indianas-security-deposit-law/comment-page-1/#comment-1919 Matt Tue, 08 Nov 2011 01:35:49 +0000 http://www.askmattonline.com/?p=231#comment-1919 Hi Jess. I am sorry but cannot legal advice on this blog site. You would have to contact me at my law office for personal help. Best wishes to you in any event. -Matt Hi Jess. I am sorry but cannot legal advice on this blog site. You would have to contact me at my law office for personal help. Best wishes to you in any event.

-Matt

]]> By: Jess http://www.askmattonline.com/contracts/indianas-security-deposit-law/comment-page-1/#comment-1918 Jess Sat, 05 Nov 2011 01:20:47 +0000 http://www.askmattonline.com/?p=231#comment-1918 Hi Matt, I lived at this apartment at a school campus and I moved to California after graduation. My lease is a one year contract starting in Aug. I stayed for one semester so I left in Dec. after getting a sublease. Now that the year is over, I was expecting my deposit check. I called them to tell them my new address so they could send the check to the right place. Three weeks have gone by and I have gotten nothing. No 45-day letter. I did call them and they told me that instead of putting LA as the city, they accidentally put the city they were situated in on the address. But they said because of the zip code that the post office would know that it was Los Angeles. I called them recently and they claim that they have sent the check but theres really no way of me being 100% sure of that. They then offered to send the check to me again BUT that I would have to pay a $36 check cancellation fee and it would come out of my deposit. I think this is a little ridiculous. They already have a bad reputation when it comes to security deposits. I have a very clean roommate and she told me that she spent an entire weekend cleaning the apartment before the lease was up. Of course, we were charged a substantial amount for cleaning fees. I called to ask how much was left on my deposit and they refused to tell me over the phone. Can you tell me how I can go about dealing with this? Hi Matt,

I lived at this apartment at a school campus and I moved to California after graduation. My lease is a one year contract starting in Aug. I stayed for one semester so I left in Dec. after getting a sublease.
Now that the year is over, I was expecting my deposit check. I called them to tell them my new address so they could send the check to the right place. Three weeks have gone by and I have gotten nothing. No 45-day letter.

I did call them and they told me that instead of putting LA as the city, they accidentally put the city they were situated in on the address. But they said because of the zip code that the post office would know that it was Los Angeles.

I called them recently and they claim that they have sent the check but theres really no way of me being 100% sure of that. They then offered to send the check to me again BUT that I would have to pay a $36 check cancellation fee and it would come out of my deposit.

I think this is a little ridiculous. They already have a bad reputation when it comes to security deposits. I have a very clean roommate and she told me that she spent an entire weekend cleaning the apartment before the lease was up. Of course, we were charged a substantial amount for cleaning fees.

I called to ask how much was left on my deposit and they refused to tell me over the phone.
Can you tell me how I can go about dealing with this?

]]> By: Matt http://www.askmattonline.com/contracts/indianas-security-deposit-law/comment-page-1/#comment-1891 Matt Tue, 30 Aug 2011 20:49:13 +0000 http://www.askmattonline.com/?p=231#comment-1891 Cathy- I cannot give legal advice on this website. I can only give information of a general nature that is educational in nature. If you need legal counsel, please feel free to contact me through my law office. <a href="http://www.IndyBizLaw.com" rel="nofollow">http://www.IndyBizLaw.com</a> 317-663-0650. Thanks. -Matt Cathy-

I cannot give legal advice on this website. I can only give information of a general nature that is educational in nature. If you need legal counsel, please feel free to contact me through my law office. http://www.IndyBizLaw.com 317-663-0650.

Thanks.

-Matt

]]> By: Matt http://www.askmattonline.com/contracts/indianas-security-deposit-law/comment-page-1/#comment-1889 Matt Tue, 30 Aug 2011 20:46:19 +0000 http://www.askmattonline.com/?p=231#comment-1889 Nicholas- The landlord can request whatever security the landlord deems reasonable. Yes, the insurance you described is available. You'll need to find a good insurance agent. -Matt Nicholas-

The landlord can request whatever security the landlord deems reasonable. Yes, the insurance you described is available. You’ll need to find a good insurance agent.

-Matt

]]> By: Nicholas Aquila http://www.askmattonline.com/contracts/indianas-security-deposit-law/comment-page-1/#comment-1885 Nicholas Aquila Wed, 24 Aug 2011 00:00:09 +0000 http://www.askmattonline.com/?p=231#comment-1885 Matt, I need to know how much of a security deposit a landlord can ask for by law that applies to someone with not perfect credit like a bankruptcy. Also, too this landlord wants to have a 500k liablity policy with the owner named as the insured. Can this be done? Please let me know ASAP. Nick Matt,
I need to know how much of a security deposit a landlord can ask for by law that applies to someone with not perfect credit like a bankruptcy. Also, too this landlord wants to have a 500k liablity policy with the owner named as the insured. Can this be done? Please let me know ASAP.

Nick

]]> By: Cathy Marsh http://www.askmattonline.com/contracts/indianas-security-deposit-law/comment-page-1/#comment-1881 Cathy Marsh Tue, 23 Aug 2011 16:08:15 +0000 http://www.askmattonline.com/?p=231#comment-1881 Hi Matt, My family rented a lake house for 4 nights and it stated that the deposit woould be returned 14 days after the rental. What is the law in regards to vacation type rental properties and returning the deposit with written notice if additional charges are made against the deposit? I also got over charged for jet ski rental by over 5 hours of use because I tracked it myself and feel I have no way to get my money back from the deposit because they said we rented it longer than we did (the jet skis were at the house). Hi Matt,

My family rented a lake house for 4 nights and it stated that the deposit woould be returned 14 days after the rental. What is the law in regards to vacation type rental properties and returning the deposit with written notice if additional charges are made against the deposit? I also got over charged for jet ski rental by over 5 hours of use because I tracked it myself and feel I have no way to get my money back from the deposit because they said we rented it longer than we did (the jet skis were at the house).

]]> By: Tammy http://www.askmattonline.com/contracts/indianas-security-deposit-law/comment-page-1/#comment-1827 Tammy Mon, 27 Jun 2011 00:10:25 +0000 http://www.askmattonline.com/?p=231#comment-1827 Hi Matt. My daughter and 2 friends were to move into a house. My daughter and 1 friend signed the lease and paid $260 each for the deposit. The third person never signed the lease and ended up backing out so the girls were never able to take posession of the house. All of this happened within a matter of 1 week. Their lease was due to begin on 06/01/11. The leasing agent was able to rent the house to someone else who took over on 06/01/11. Both girls signed a letter stating that they were not going to lease the property and that they would like their deposit returned along with a forwarding address for each of them. I had the leasing agent sign and date that he received this letter. He has refused to return their deposit money (which he had no reason to keep as they never took possession of the property so there could be no damage) and he rented the property to someone else beginning the same date as their lease was to begin so he lost nothing by them not renting the property. 07/08/11 will be 45 days from the date the leasing agent and both girls signed the paper releasing them from the lease (and asked for their deposit money to be returned to their forwarding addresses) and we have yet to hear from him. I was advised by another attorney that the girls could sue for 3 times the amount of the deposit plus attorney fees and court costs but have been unable to find anything on line to confirm this. Everything I have read on line says if the landlord does not send them an itemized statement within 30 days he is liable for return of the full deposit amount as well as attorney fees and court costs, but I do not see anything stating they can sue for 3 times the deposit amount. Can you tell me if Indiana is a state that allows to sue for more than the actual deposit amount? I have watched enough People's Court to know that some states to have this clause. Thanks! Hi Matt. My daughter and 2 friends were to move into a house. My daughter and 1 friend signed the lease and paid $260 each for the deposit. The third person never signed the lease and ended up backing out so the girls were never able to take posession of the house. All of this happened within a matter of 1 week. Their lease was due to begin on 06/01/11. The leasing agent was able to rent the house to someone else who took over on 06/01/11. Both girls signed a letter stating that they were not going to lease the property and that they would like their deposit returned along with a forwarding address for each of them. I had the leasing agent sign and date that he received this letter. He has refused to return their deposit money (which he had no reason to keep as they never took possession of the property so there could be no damage) and he rented the property to someone else beginning the same date as their lease was to begin so he lost nothing by them not renting the property. 07/08/11 will be 45 days from the date the leasing agent and both girls signed the paper releasing them from the lease (and asked for their deposit money to be returned to their forwarding addresses) and we have yet to hear from him. I was advised by another attorney that the girls could sue for 3 times the amount of the deposit plus attorney fees and court costs but have been unable to find anything on line to confirm this. Everything I have read on line says if the landlord does not send them an itemized statement within 30 days he is liable for return of the full deposit amount as well as attorney fees and court costs, but I do not see anything stating they can sue for 3 times the deposit amount. Can you tell me if Indiana is a state that allows to sue for more than the actual deposit amount? I have watched enough People’s Court to know that some states to have this clause. Thanks!

]]> By: Matt http://www.askmattonline.com/contracts/indianas-security-deposit-law/comment-page-1/#comment-1822 Matt Tue, 21 Jun 2011 16:12:35 +0000 http://www.askmattonline.com/?p=231#comment-1822 Hi Liz. I cannot give you legal advice online, and you're not yet my client. Additionally, I might represent the property manager. If you'd like to discuss your situation privately, please send me an email at Matt@IndyBizlaw.com. Thanks. -Matt Hi Liz.

I cannot give you legal advice online, and you’re not yet my client. Additionally, I might represent the property manager.

If you’d like to discuss your situation privately, please send me an email at Matt@IndyBizlaw.com.

Thanks.

-Matt

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