Landlording 101- Indiana’s 45-Day Letter Rules

Posted on | March 4, 2010 | 2 Comments

Question: ”What is the 45-day letter?”

Matt’s Answer: ”Indiana law requires a landlord to give a tenant an itemized list of damages and the balance, if any, of the security deposit to a tenant within 45 days after the landlord regains possession.”

Question: ”Is is the 45-day letter required in every leasing situation?”

Matt’s Answer: ”This law applies to residential leases, in which the landlord has collected a security deposit.  Be aware that “security deposit” is broadly defined.  A security deposit includes any monies beyond the next month’s rent.  So, if you collect the first month’s rent, the last month’s rent and a security deposit, all those monies, except the first month’s rent, are included in the security deposit.”

Question: ”Does the 45-day letter have to be in writing?  Where do I send it?”

Matt’s Answer: ”You send the 45-day letter, in writing obviously, to the tenant’s forwarding address.  Until the tenant provides the forwarding address, you need not send the letter.  However, I think it is a bad idea to await the tenant’s forwarding address.  Unless you have the address in writing, I recommend you send the 45-day letter to every address you have on the tenant, including the rental unit the tenant just vacated.  More than once, I have been in court when a tenant has lied about giving the landlord the forwarding address verbally, or on the back of an envelope or scrap paper.  Do not risk losing your case.  Send the letter someplace, so you can prove to the court that you tried to comply with the law.  And keep copies of the letter and even the envelopes you mail.”

Question: ”Is this all I need to know about the 45-dy letter?”

Matt’s Answer: ”No.  I could write a small book on the topic.  It has been the source of much litigation in Indiana over the years.  This article is just an introduction to the topic.”

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