Protect your property interests.
At Ball Eggleston, we have successfully represented landlords in resolving disputes with tenants for 60+ years. When landlord/tenant issues arise, you need a trusted legal partner to protect your rights and interests with the knowledge and experience to help you navigate the complexities of the law.
Our lawyers can assist with issues involving any of the following:
- Landlord dispute resolution
- Debt collection
- Tenant evictions
- Property foreclosure
If you require assistance in the area of tenant/landlord issues or collections, call an experienced Ball Eggleston lawyer for a personal consultation.
Frequently Asked Questions
Yes. Indiana Code provides that a landlord has to return the security deposit to the tenant within 45 days of the termination of the lease. If any part of the security deposit is not being returned, then the landlord must provide a written itemization of the damages being charged against the security deposit.
Indiana Code provides a landlord may retain part or all of the security deposit for unpaid rent, the amount of damages the landlord has or will reasonably suffer by reason of the tenant’s noncompliance with the lease and unpaid utility or sewage charges that are the tenant’s obligation.
If the landlord fails to comply with this statute, the tenant my recover all of the security deposit due the tenant and reasonable attorney tees. The landlord is not liable under this statute until the tenant supplies the landlord in writing with a mailing address to which to deliver the 45-day letter.
Every county handles their eviction process a little differently. In Tippecanoe County, you typically get a hearing on your eviction 10-12 days after filing the complaint for eviction in Small Claim Court. If the court finds for the landlord at that hearing, the Court will give the tenant one week to vacate the premises.
If the tenant still fails to leave, you can obtain a Writ of Assistance to have the sheriff help. That procedure usually takes another five or six days. All in all, it can take about three weeks from filing the complaint to getting the locks changed.
In most cases you should not do so, even if the lease purports to allow you to do so. The prudent method is to file a lawsuit for eviction to get a court order acknowledging your right to possession and a termination of the tenant's right to possession of the premises.