Lease Agreement Vs State Law

Summary

Both lease agreements and Indiana state law can resolve landlord-tenant disputes. Indiana law requires landlords to return security deposits within 45 days. If a lease agreement offers more favorable terms to the tenant, those terms usually prevail. Non-compliance by the landlord may result in returning the full deposit plus reasonable attorney’s fees and court costs. Consult a local attorney for specific advice.

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Landlord tenant dispute in Indiana, what can resolve the issue, lease agreement or state law
Hello ****, both the lease agreement and Indiana state law can resolve landlord-tenant disputes.
- The lease agreement outlines the specific terms agreed upon by both parties.
- Indiana state law provides general rules for all landlord-tenant relationships.
Understanding both can help resolve your issue.
Okay, the agreement says landlord to send the notice about itemized charges or return the security deposit in 30 days, landlord says no state law gives him 45 days, which one has right
In Indiana, the law (Indiana Code *-*-*-* to *) states:
- Landlord must return the deposit within 45 days after termination of the lease.
- If deductions were made, an itemized list of damages must be sent within 45 days.
So, the state law would prevail in this situation.
What about the lease agreement
In Indiana, if a lease agreement provides terms more favorable to the tenant than state law, the lease terms will usually prevail. However, for your specific situation, it's best to consult a local attorney.
What is the sanction in this case if lease agreement prevaied
In Indiana, if a landlord fails to comply with the terms of the lease agreement, they may have to return the full deposit plus reasonable attorney’s fees and court costs. For specific sanctions, consult a local attorney.