A licensed Indiana broker manages a residential rental property in Lafayette. The tenant vacates on May 1 and delivers possession the same day. The broker, acting on behalf of the landlord, sends an itemized deduction statement via certified mail on June 14. The statement lists $600 in deductions from a $1,000 security deposit. The tenant refuses to accept the certified mail, and it is returned unclaimed on June 20. The broker argues that the statement was timely because it was mailed on June 14. Which of the following best describes the situation under Indiana law?
Correct Answer
A) The statement is timely because it was mailed on June 14, which is within 45 days of May 1, and the tenant's refusal does not affect the landlord's compliance
Counting 45 days from May 1 gives a deadline of June 15. The broker mailed the certified statement on June 14, which is within the 45-day window. Under general Indiana law principles, a landlord satisfies the obligation by sending the itemized statement within the required period. A tenant's deliberate refusal to accept properly addressed certified mail does not negate the landlord's timely compliance. The $400 balance ($1,000 minus $600 in deductions) must still be returned, but the deductions themselves are validly preserved.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.
The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.
Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.
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