Westfield, IN asked in Landlord - Tenant for Indiana

Q: My landlord refused me a walk-out inspection, and is now withholding some of my security deposit.Do I have any recourse?

My landlord is charging me $550 for lawn treatment and another $175 for cleaning services, neither of which have actually been performed. The 45 day window is over, and she is refusing to return the amounts she withheld, even though no actual costs were incurred. Do I have any rights to sue her for the amounts she withheld given that no actual services have been performed?

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1 Lawyer Answer

A: Landlords are not required to give a final walk through unless specified in the lease. If you believe that the landlord has wrongly withheld your security deposit you can file a suit against them in your local small claims court for the amount of your security deposit. Generally, landlords may only recover against the security deposit for damages outside of ordinary wear and tear and unpaid rent and utilities.

Consult with a local landlord/tenant attorney in your area for advice.

1 user found this answer helpful

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