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Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 33763
Experience:  Began practicing law in 1992
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Can security deposit or portion there of be held back after

Customer Question

Can security deposit or portion there of be held back after the 45 day mandate? I missed the days, house had excessive damage and cost to fix. Actually spent some money making repairs by contractor and then sold the house, negotiating down the sale price to cover other damages. Damages that were specificaly
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Was this for a residential rental?

Customer: replied 2 years ago.
I owned the house. I rented to the tenants for two years and sold after they moved out. There is excessive pet damage, we had agreed to two dogs, in fact they had three for some portion of the lease. Pee stains, fecal matter in basement, scratches on doors and hard wood floors was very bad.
Expert:  Dwayne B. replied 2 years ago.

Unfortunately, the time limit in Missouri is 30 days and the statute doesn't have any exceptions to allow you to stretch this time out. It doesn't mean you can't still sue for the additional amounts, it just means that you can't withhold the security deposit.

The statute can be seen at this link.

Expert:  Dwayne B. replied 2 years ago.

Please feel free to ask any follow up questions in this thread.

Customer: replied 2 years ago.
It is not MO it is Indiana. The rental property was in IN
Expert:  Dwayne B. replied 2 years ago.

The info at the top states it is MO. Let me find the statute for you for Indiana.

Expert:  Dwayne B. replied 2 years ago.

The Indiana statute is at this link. It does allow 45 days to send the notice or return the money and the 45 days starts from the time the renter provides the new address in writing if that is any help.

There isn't a way to extend the time under the Indiana statute either, I'm not aware of any state that allows for an extension of the time, although you can seek the additional damages directly from the renter.

Customer: replied 2 years ago.
Does receiving a forwarding address by email count a 45 day notice? That is how he sent it, in an email.
Expert:  Dwayne B. replied 2 years ago.

There is no case law on that issue yet. My suspicion is that a court is going to say that yes, it would count as written notice assuming you actually received it and read it and that it didn't go into a SPAM folder or something like that. If it went into a SPAM folder then there is an argument to be made that it isn't a written notice.