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  1. #1
    Join Date
    Oct 2005
    Location
    Indianapolis
    Posts
    2

    Default Landlord's Outrageous Assessments Against A Security Deposit

    Last year, I moved into a house with a so-called "friend." The house is currently being morgaged by the "friend." I lived in the house from 1-Sept-2004 to 1-Sept-2005. I had signed a one-year lease and was required to provide a security deposit. The problem I have encountered has just taken place, 10-Oct-2005. My landlord sent me a document via email detailing all damages and costs. Some of these charges are reasonable however, one of them is truely outstanding. This charge is in reference to a malfuction which took place in my landlord's television, the TV which used to reside in the living room at his concent. One day, I returned home and switched the TV on using the remote control and suddenly heard an unusal sound (beep). Not only was the sound unusual but there was no picture. I immediately phoned my landlord regarding the issue. He requested I not touch the TV and let him handle the situation. Later that week, he took the TV to a repair shop. The repair store quoted him $100 for repair. He requested I pitch in for the repair but I strongly expressed how I wasn't responsible for the internal malfuction and that I wouldn't contribute any money. Now (3 months later), he claims that he contacted the manufacture and suppossively the TV cannot be repaired. According to him, he paid $874 for the TV two years ago. He has deducted $200 from my security deposit.

    Below is a snapshot of all relevant information in the contract pertaining to damages and security deposits. Is there anything in this literature that may hinder my arguement (Security deposit isn't supposed to be used for personal items, especially in the case of an electrical malfunction)??? Thanks.

    "Rentee shall be responsible and liable to Landlord for, and indemnify Landlord against, any and all damage to the Property, which occurs in any manner from any cause or causes during the term of this agreement or until return and delivery of the Property to Landlord. Rentee shall be responsible and liable for, indemnify Landlord against, hold Landlord free and harmless from any claim or claims of any kind whatsoever for or from, and promptly pay any judgment for, any and all liability for personal injuries, death or property damages, or any of them, which arise or in any manner are occasioned by the acts or negligence of Rentee or others in the custody, operation or use of, or with respect to, said Property, during the term of this agreement or until return and delivery of the Property to Landlord."

    Thanks.

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

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    Ordinary wear and tear is not something that is subject to claim by a landlord against a security deposit. The television seemingly broke because it was "it's time to go", not because of anything you did, and thus that would not ordinarily be something the landlord could claim.

    If you properly provided your landlord with a forwarding address, under Indiana law your landlord had 45 days from the termination of the rental agreement to provide you with an itemized list of claims against your security deposit. Failure to comply with that statutory requirement can result in the landlord's loss of any right to make a claim against the deposit.

    You may end up having to resolve this in small claims court.

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