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Practice Of Real EstateState SpecificEASY

A tenant in Fort Wayne vacates her rental unit and surrenders possession to the landlord on March 10. The landlord fails to return the security deposit or provide any written itemization within the time required by Indiana law. Which of the following best describes the landlord's legal exposure under IC 32-31-3?

Correct Answer

A) The landlord forfeits the right to make any deductions and must return the full deposit to the tenant

Under IC 32-31-3-13, if a landlord fails to return the security deposit or provide an itemized written statement of deductions within the 45-day period, the landlord forfeits the right to retain any portion of the deposit for damages and must return the entire deposit to the tenant. The landlord loses all deduction rights as a consequence of noncompliance.

Answer Options
A
The landlord forfeits the right to make any deductions and must return the full deposit to the tenant
B
The landlord may still deduct damages but must pay the tenant a $100 penalty for the delay
C
The landlord has no liability if the delay is less than 15 days beyond the statutory deadline
D
The landlord must return the deposit within an additional 30-day grace period before any penalty applies

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Related Topics & Key Terms

Key Terms:

security_depositlandlord_tenantforfeiturelandlord_liabilityic_32_31_3

Related Concepts

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