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Ray, Lawyer
Category: Legal
Satisfied Customers: 40991
Experience:  30 years in civil, probate, real estate, elder law
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I own a duplex in Indianapolis IN and have tenant breaking

Customer Question

I own a duplex in Indianapolis IN and have tenant breaking his lease early. Can we take advertising fees out of his deposit to find a new a new renter. He says this is not legal. I thought it was standard for someone breaking their lease early and was still liable for rent. I don't see how that would be our expense.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Indiana
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Legal
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 9 months ago.

Here you can charge rent against the security until it rents.If he is unwilling to pay for an ad you have right to leave it vacant until security ends and you can sue him for the balance of the lease.If he doesn't want to pay here don't rent it for a month and use up the security.You are within your rights here.

If he wants you to rerent and cut his liability he needs to pay for advertising.Otherwise you can use up the security towards the balance of the lease.You do not have an obligation here to advertise or pay such fees.

I agree that he should pay here but if he will not agree use up the security for lost rent.You have that right here.

Expert:  Ray replied 9 months ago.

Make sure you meet the Indiana deadline of 45 days for itemizing and returning the tenant’s deposit. The itemization should be in writing and state how the deposit has been applied toward back rent and costs of cleaning and damage repair, together with whatever is left of the deposit. For details on state security deposit rules, including any exemptions that may apply and interest requirements, see Indiana Security Deposit Limits and Deadlines.

Expert:  Ray replied 9 months ago.

You can claim the deposit here for breach of lease and lost rental money since he breached the lease.Thats the best you can do and send the itemized notice.The statute doesn't mention advertising so just take it as lost rent.

I appreciate the chance to help you today.Thanks again and the best here.

Customer: replied 9 months ago.
Thank you so much for your response. I'm so new to this. We purchased a duplex live in one side and rent out the other. So we are new to Indiana and being landlords. Your advice means a lot.
Expert:  Ray replied 9 months ago.

You are so welcome.This guy is really shooting himself in the foot.Without advertising it will not rer rent.But you just keep it for lost rent and rent it after it runs out.You may then sue him for balance of rent due i n small claims if you choose here.

Expert:  Ray replied 9 months ago.

If you can rate 5 stars when we are done it is sincerely ***** ***** here.Thanks.