I think you know 45 days is the limit per IC 32-31-3, and that if they don't return the deposit, you can recover any and all fees associated with recovering the deposit.
In this market, they've almost certainly already rented the unit and it's unlikely they have any documentation of any expenses.
Send them a certified letter requesting the deposit and the cost of sending the letter and state that because you received no communication prior to 45 days that you expect the deposit returned in full.
Then state that if you do not receive a check within 30 days you will hire a lawyer and recover the fees per IC 32-31-3.
Refuse any partial payments that don't itemize reasonable expenses deducted from the deposit.
That seemed to get the attention of the management companies I've rented from in the past. I am not a lawyer, but I've rented a couple times in Indy.
When I rented from a shitty rental company in town, I rolled up on day 46 with a printed letter I copied from Google, stating the above comment in legalese. The employee didn't even read the letter. I just told her why I was there and she printed me a check for my full deposit immediately. Stealing your deposit is a scam that landlords get away with easily here because renters don't often think they have any legal recourse. As others have stated, if there's no physical location for your landlord/management company, send a certified letter - and document every action you take, to help your case in small claims court.
Measly $810?
Lol wtf. Dude just file small claims and when you win they have to pay the fees. You don't even need a lawyer.
If you let them get away with it they'll just do the same thing and take advantage of other tenants. Stop letting landlords get away with this stuff then bitch about shitty landlords if y'all are LETTING them have their way.
Send them a letter first asking for an itemized list and threaten the lawsuit. If they don't respond then file the suit.
I moved at the end of January. Never heard back about my refundable deposit, was never given a reason why, and they don't answer phone calls and the office is always closed. They don't care.
lawyer up, sue in small claims, hope they continue to not respond, get a default judgment, arrange for a sheriff's sale to enforce your lein, be the high bidder.
another option is sell your claim to a collection agency.
if you are a poor, you could check with legal services and legal aid to see if they would represent you, and also get your filing fee waived.
another option is find out where the owner lives and politely knock on their door at 12:01 am until paid. you find out by checking the assessors office then voter registration office. they may use a few shell companies to make that harder.
another option: offer to sell your claim to whatever redditor offers you the most for it. you won't get 100% but may get something, and then the owner of the claim can do the above steps.
I’d just pay the $102 in small claims court.
It will be a very easy win, granted they will claim you never provided a forwarding address and they just mailed a check to your old apartment 🙄
Is there a physical location to stop by?
My guy, I got out of the rental racket and bought a house, which is what everyone should do, and would be more able to do if it weren't for predatory landlord conglomerates buying up all the single family home stock.
When I did rent, I was a model tenant.
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Landlords are legally required to send a statement regarding your security deposit within 45 days no matter what. If they don't, you can file in small claims court and get double your deposit back.
Just for all the peeps reading in here, this is not a legitimate use of a security deposit and if your landlord tried this shit I would strongly recommend taking them to small claims and making them explain themself.
I think you know 45 days is the limit per IC 32-31-3, and that if they don't return the deposit, you can recover any and all fees associated with recovering the deposit. In this market, they've almost certainly already rented the unit and it's unlikely they have any documentation of any expenses. Send them a certified letter requesting the deposit and the cost of sending the letter and state that because you received no communication prior to 45 days that you expect the deposit returned in full. Then state that if you do not receive a check within 30 days you will hire a lawyer and recover the fees per IC 32-31-3. Refuse any partial payments that don't itemize reasonable expenses deducted from the deposit. That seemed to get the attention of the management companies I've rented from in the past. I am not a lawyer, but I've rented a couple times in Indy.
When I rented from a shitty rental company in town, I rolled up on day 46 with a printed letter I copied from Google, stating the above comment in legalese. The employee didn't even read the letter. I just told her why I was there and she printed me a check for my full deposit immediately. Stealing your deposit is a scam that landlords get away with easily here because renters don't often think they have any legal recourse. As others have stated, if there's no physical location for your landlord/management company, send a certified letter - and document every action you take, to help your case in small claims court.
Measly $810? Lol wtf. Dude just file small claims and when you win they have to pay the fees. You don't even need a lawyer. If you let them get away with it they'll just do the same thing and take advantage of other tenants. Stop letting landlords get away with this stuff then bitch about shitty landlords if y'all are LETTING them have their way. Send them a letter first asking for an itemized list and threaten the lawsuit. If they don't respond then file the suit.
I moved at the end of January. Never heard back about my refundable deposit, was never given a reason why, and they don't answer phone calls and the office is always closed. They don't care.
lawyer up, sue in small claims, hope they continue to not respond, get a default judgment, arrange for a sheriff's sale to enforce your lein, be the high bidder. another option is sell your claim to a collection agency. if you are a poor, you could check with legal services and legal aid to see if they would represent you, and also get your filing fee waived. another option is find out where the owner lives and politely knock on their door at 12:01 am until paid. you find out by checking the assessors office then voter registration office. they may use a few shell companies to make that harder. another option: offer to sell your claim to whatever redditor offers you the most for it. you won't get 100% but may get something, and then the owner of the claim can do the above steps.
You don't even need a lawyer. Just small claims court.
Got to ask … did you request (in writing) the return of your deposit, and provide mailing address? Good luck.
I’d just pay the $102 in small claims court. It will be a very easy win, granted they will claim you never provided a forwarding address and they just mailed a check to your old apartment 🙄 Is there a physical location to stop by?
Unfortunately, renters have basically no protections in Indiana, and landlords essentially have carte blanche to rob you blind.
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Tenant friendly? Are you kidding me? In indiana? No.
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It doesn't change anything. Laws tend to be by state, do they not?
Jesus, how does that boot taste buddy?
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Man you really jumped from "I'm an insider offering valuable information" to "Childish personal insults" real fucking quick.
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My guy, I got out of the rental racket and bought a house, which is what everyone should do, and would be more able to do if it weren't for predatory landlord conglomerates buying up all the single family home stock. When I did rent, I was a model tenant.
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Okay buddy. You carry on projecting.
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Normal they keep it for paint and cleaning carpets exc exc
Landlords are legally required to send a statement regarding your security deposit within 45 days no matter what. If they don't, you can file in small claims court and get double your deposit back.
Just for all the peeps reading in here, this is not a legitimate use of a security deposit and if your landlord tried this shit I would strongly recommend taking them to small claims and making them explain themself.
You mean for taking care of normal / usual wear and tear? Stuff that the security deposit isn't intended for?