Valparaiso, IN asked in Landlord - Tenant and Small Claims for Indiana

Q: Can part of the security deposit be used for excess utility usage if the utilities are included in the rent

Indiana Code 32-31-3-13(4)

Rent paid in full

1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
  • Landlord Tenant Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: The statute you linked answers your question.

"(4) To reimburse the landlord for utility or sewer charges paid by the landlord that are:

(A) the obligation of the tenant under the rental agreement;  and

(B) unpaid by the tenant."

If the utilities are included as part of the rent, then they are the responsibility of the landlord. However, if 'excess utility usage' is not covered by the rental agreement and are not included in the rent, they are the responsibility of the tenant. I am not sure what you mean by 'excess utility usage,' but the answer to your question will most likely lie in your rental agreement.

Review your rental agreement or sit down with an attorney to review it with you.

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