Legal Question in Landlord & Tenant Law in Indiana

Question about a ssecurity deposit. We moved 2 months before the end of the lease. The landlord knew we were planning on buying a house so started showing the house before we were even packed up and had people ready to move in when we moved out. In fact they were in there by that next weekend. We paid $2000 deposit which is stated on out lease agreement. Informed our landlord of our new address and waited for 6 months and never heard anything from him about our security deposit. We just send a certified letter demanding our deposit back and he sent a letter back claiming if we choose to pursue this we will owe him $725 Nov. rent + $25 late fee, $725 Dec. rent + $25 late fee, $150 carpet cleaning and $100 carpet replace. Plus he says that they only show $1500 paid by check for the deposit but our lease that he signed shows we paid $2000 deposit. What course of action do we take next and how should we handle this?


Asked on 5/11/10, 12:07 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

File a suit in small claims. He is not allowed to recvier for rent that he did not lose since a new tenant came in. He may be entitled to the carpet charges. I cannot tell from your psot whether the landlord is entitled to a late fee. You did not state what you actually paid as a deposit so I cannot answer your inquiry regarding the issue of the security deposit amount.

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Answered on 5/24/10, 10:49 am


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