Legal Question in Real Estate Law in Indiana

Security Deposit

I recently moved from an apartment to a House. The apartment sent me a letter claiming they had to clean a carpet stain and paint the walls. They almost exactly consumed my deposit. Why do I have to pay for services they should be doing everytime a tenant moves out? I did not damage any wall, fixture, or window. How is this legal. I have lived in several apartments and never not gotten my security deposit back.


Asked on 12/11/01, 1:00 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Security Deposit

Getting a refund of a security deposit is the most difficult financial transaction you will ever encounter. Unless you have taken pictures of the apartment or done a pre-move-in inspection with the landlord AND take pictures after you have vacated and cleaned or done a move-out inspection with the landlord, it is generally impossible to convince a judge that the damage alleged by the landlord was not done by you. There is no reason that probably 95% of tenants do not get any part of the deposit back, except that it is your word against that of the local business in your community. Without something more than just one person saying it's white and the other saying it's black (which is the basics of any litigation), you cannot win. You need the proof to show the judge what it looked like when you moved in and what it looked like when you moved out. If you have receipts of carpet cleaning (because no picture can prove that issue) then you are in a better position to challenge the landlord. Without it, the likelihood is that you cannot prove your case.

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Answered on 12/11/01, 1:06 pm


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