How long does a landlord have to return a security deposit?

I want to know in IN whether or not a landlord has to send the security deposit within 45 days or do they have to have it to the ex-tenant within 45 days? My landlord is trying to send the check on day 45. I think it states it has to be in my hands on the 45th day.

Asked on July 15, 2010 under Real Estate Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Landlord tenant laws are different in each state.  Security deposit returns are among the most contentious issues for both landlords and the former tenants.  Tenants want as much back as possible and landlords need to cover and want to ensure to cover costs for repairs and cleaning.  Of course, oftentimes, landlords fail to give the tenants the itemized list of actual costs and monies spent and/or fail to give the remaining monies in a timely fashion.  The amount of time a landlord has to return such monies depends on the state and sometimes may also depend on if this is a government program or otherwise. In Indiana, the landlord must give you the money along with the itemized not more than 45 days after you deliver possession of the rental back to the landlord. If your landlord fails to do so within 45 days, you are entitled to a refund of all of your security deposit due and attorney's fees.


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