How Indiana renters can get back as much of their security deposit as possible

Jordan Smith, Indianapolis Star

In Indiana, landlords must return a tenant’s security deposit within 45 days if the rental property is left as good as it was found, excluding normal wear and tear, and the tenant provides a new forwarding address in writing.

But an IndyStar story found that what constitutes "ordinary wear and tear" on a property can be a gray area.

Former Butler University students and their parents accuse Weybright Management, a landlord that owns more than 90 homes near Butler's campus and other Indiana universities, of trying to squeeze thousands of dollars out of tenants to pay for routine maintenance.

Investigation: Major landlord near Butler tries to take students' security deposits. Then he charges more.

Landlords can funnel security deposit money toward unpaid rents, unpaid utility fees outlined in the lease and costs for repairing damages, but they must send tenants a detailed list of expenses within the same 45-day period. The Indiana Supreme Court has said landlords should aim to provide a detailed notice of damages "at the earliest opportunity" to encourage a dialogue with tenants and to prevent their dispute from going to small claims court, legal experts say.

It's unlawful for landlords to use a deposit to pay for general maintenance to the property due to normal wear and tear, experts with the Indianapolis Legal Aid Society, a network of attorneys who provide pro bono legal support to tenants, told IndyStar.

Tenants can do several things to improve their chances of receiving back most or all of their security deposit, according to legal advocates at ILAS and Housing4Hoosiers.

How Indiana renters can get back a security deposit

  • Before moving in, take photos and videos of the entire unit. Be sure to highlight any areas of concern.

  • Before moving out, thoroughly clean the property, leaving it at least as clean as you found it. Look for specific provisions in the lease about cleaning expectations. In a Weybright lease provided to IndyStar, for example, tenants agreed to clean the oven and the range; to leave the refrigerator “defrosted, open and unplugged”; to wash and wax floors; to clean the tub and sinks; and to shampoo any carpet with a specific brand of carpet cleaner or by hiring a certified private company.

  • Remove all your trash and belongings from the unit, even small items like silverware. Return any door or mailbox keys, access cards and parking passes to the landlord.

  • Make any needed repairs that you can while adhering to your lease.

  • Take photos and videos of the unit before moving out. Ask your landlord to walk through the property with you and see if you agree on the move-out condition. If you reach an agreement, list any damages in writing and ensure the list is signed and dated by both you and your landlord. Store the document until you get your money back.

More: 8 places to get help with landlord disputes in Indiana

Email IndyStar Housing, Growth and Development Reporter Jordan Smith at JTsmith@gannett.com. Follow him on X: @jordantsmith09

This article originally appeared on Indianapolis Star: Indiana renters' rights for security deposits

Advertisement