Do I Have to Give My Landlord a Forwarding Address to Get My Deposit Back in Indiana?

Security Deposit · Indiana · Tenant Rights

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Yes, and put it in writing. In Indiana the 45-day deadline in Ind. Code §§ 32-31-3-12 to -16 runs from termination of the tenancy and receipt of the tenant's forwarding address. A tenant who never gave an address in writing hands the landlord an argument that the clock never started.

What Ind. Code §§ 32-31-3-12 to -16 requires

  • Return deadline: 45 days after termination of the tenancy and receipt of the tenant's forwarding address.
  • Itemized deductions: required in writing.
  • Forwarding address: the tenant should give one in writing; it affects the deadline or the remedy.
  • Penalty for wrongful withholding: A landlord who misses the 45-day deadline forfeits all claims against the deposit and must return it in full plus attorney's fees.
  • Small claims limit: $10,000.
  • Statute: Ind. Code §§ 32-31-3-12 to -16.

How to give the address so it counts

  1. Put the forwarding address in a dated letter, email, or text that names the unit and the move-out date.
  2. Send it by a method that leaves a record: certified mail, an email you keep, or a hand delivery with a witness.
  3. Keep a copy with the lease and your move-out photos. The date on it is the date you will need later.

If you moved out without giving one

Give it now, in writing, the same way. The deadline in Indiana is counted from termination of the tenancy and receipt of the tenant's forwarding address, so a late address starts a late clock rather than no clock at all. Once the 45 days pass with no refund and no itemized statement, the landlord is exposed to forfeiture of the landlord's right to keep any of the deposit.

Frequently Asked Questions

Q: Does a text message count as a written forwarding address in Indiana?
A: A dated message you can produce later is far better than a phone call, but the safest record is a letter or email that names the unit and the date. If you only sent a text, follow it with one of those.

Q: How long does the landlord have once I give the address?
A: 45 days after termination of the tenancy and receipt of the tenant's forwarding address; the address is part of what starts that period. A landlord who misses the 45-day deadline forfeits all claims against the deposit and must return it in full plus attorney's fees.

Q: Can I sue my landlord in small claims court for my Indiana deposit?
A: Yes. Indiana small claims court hears claims up to $10,000, which covers most deposits plus the statutory penalty. A dated written demand that cites Ind. Code §§ 32-31-3-12 to -16 is the usual first exhibit.

Sources Checked

This page is general legal information for Indiana, not legal advice. Statutes change; read the current text before relying on a deadline in court.

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