Cal. Civ. Code § 32-31-3-12
Return of deposits; deductions; liability
Operative Text
Sec. 12. (a) Upon termination of a rental agreement, a landlord shall return to the tenant the security deposit minus any amount applied to: (1) the payment of accrued rent; (2) the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and (3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement; all as itemized by the landlord with the amount due in a written notice that is delivered to the tenant not more than forty-five (45) days after termination of the rental agreement and delivery of possession. The landlord is not liable under this chapter until the tenant supplies the landlord in writing with a mailing address to which to deliver the notice and amount prescribed by this subsection. Unless otherwise agreed, a tenant is not entitled to apply a security deposit to rent. (b) If a landlord fails to comply with subsection (a), a tenant may recover all of the security deposit due the tenant and reasonable attorney's fees. (c) This section does not preclude the landlord or tenant from recovering other damages to which either is entitled. (d) The owner of the dwelling unit at the time of the termination of the rental agreement is bound by this section.
Indiana Code § 32-31-3-12 governs how security deposits must be handled when a rental agreement ends. A landlord must return the deposit—or a documented remainder—within 45 days of the tenancy ending and the tenant vacating, accompanied by an itemized written statement of any deductions for unpaid rent, damages, or utility charges. The landlord's obligation to send this notice and any refund is triggered only after the tenant provides a written mailing address; tenants, for their part, cannot simply apply a security deposit toward their final rent unless both parties agree otherwise.
Plain English — not legal advice.
Under Ind. Code § 32-31-3-12, compliant property operators typically document the condition of the unit at move-out, calculate any legitimate deductions for accrued rent, tenant-caused damages, or unpaid utilities, and deliver a written itemized statement along with any remaining deposit balance within the 45-day window. The clock on that deadline does not start until the tenant has supplied a written mailing address, so maintaining clear written communication with departing tenants about where to send the accounting is a standard part of move-out procedures. Operators who miss the deadline or fail to itemize deductions properly expose themselves to liability for the full deposit amount plus the tenant's reasonable attorney's fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-31-3-12 gives tenants the right to receive their security deposit back—minus only properly documented deductions—along with an itemized written explanation, within 45 days of moving out and surrendering possession. To start that clock, tenants generally need to provide their landlord with a written forwarding address; keeping a copy of that communication can be important if a dispute arises later. If a landlord fails to comply with these requirements, the law allows a tenant to pursue recovery of the full deposit plus reasonable attorney's fees, and tenant-rights organizations or legal aid offices can help explain what options may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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