Security deposit laws with a cosigner

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Benedictster

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The last apartment complex that I lived in had two options for money due at signing. The first was a $2000 security deposit on a $379 apartment. The second was a cosigner with no deposit. I moved out on 7-22-09 (the day the lease was terminated). Just yesterday I received the itemized bill for all the damages under my individual lease. The letter was dated 9-16-09. First of all, they charged me for a ridiculous amount of money for everything that was done. The charges ranged from painting to mattress replacement to carpet cleaning. All but about $100 of the $562 they are charging me is completely unnecessary. Secondly, I went to the apartment complex to argue 32-31-3-14 and 15 of Indiana legislation which states that an itemized receipt must be sent to the tenant within 45 days or the landlord forfeits the security deposit and all charges. The letter was dated 56 days after the termination of my lease but the complex told me that because I did not lay down a security deposit that I was still liable.

After that the secretary told me she could no longer talk to me about those legal matters and that I need to file for an official review. If what they say is true, it looks like I may be stuck getting robbed blind by my old landlord. Please advise...
 
Look under IC 32-31-3-12, section 12 (c) which states "The section does not preclude the landlord or tenant from recovering other damages to which either is entitled".

If you had put down a security deposit and information on the status of such was not received within the required forty-five date time period, the landlord/management would have had to return your full security deposit but then could turn around and sue you for damages.

As it stands now, they could still sue you for these claimed damages. If this goes to court they would have to prove that these damages actually existed and that they represent more than normal wear and tear.

Gail
 
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