Does a landlord have to show proof of damages withheld from the security deposit?

Asked on September 19, 2012 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The landlord does not need to provide proof unless you challenge it. If you believe the landlord is withholding more than he or she legally may, you could the landlord for the return of the money (such as in small claims court, where you could act as your own attorney, saving on legal fees); in court, the landlord would have to substantiate or support the amounts withheld.


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