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Rental Security Deposit 

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I recently had to refund the security deposit to my last tenant because I didn't contact them via mail (email is not good enough for Indiana) regarding the damages they made to my property. They repainted the entire place which goes against the lease. Because I did not send the tenant snail mail (only email) they took me to court to get the money back and won. Total BS because the tenant acknowledged receiving the emails but it's Indiana law that it goes by snail mail. My question: Can I file a seperate claim to try to recover the damages? Judge even said if I had sent snail mail I would have won the case.  

Asked in Landlord and Tenant Law - 549 days ago

Tags: Rental Security Deposit 

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shadyone72
shadyone72
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I believe you can. Since you had a contract between yourself and the tenant (the lease agreement) and the tenant broke the lease, you can attempt to obtain damages for breach of contract. Since the damages are likely small, it would likely be more beneficial to bring your claim in small claims court. Please note however that I am not an attorney and this is not legal advice. I recommend you contact an attorney in your area to advise you on the best way to proceed.

Answered by LQ at Nov 21, 2010 09:05 PM

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