SECURITY DEPOSIT ITEMIZATION & PARTIAL RETURN LETTER

(Indiana – Residential Tenancy)

[// GUIDANCE: This court-ready template is intended for use by Indiana landlords (or their counsel) to comply with Ind. Code § 32-31-3-12 governing the return and itemization of residential security deposits. All bracketed terms must be completed or revised before issuance.]

I. DOCUMENT HEADER

From (Landlord/Agent):
[LANDLORD LEGAL NAME]
[Street Address] • [City], Indiana [ZIP]
Telephone: ([]) -_ • Email: [__]

To (Tenant):
[TENANT LEGAL NAME(S)]
[Last Known Mailing Address]
[City], [State] [ZIP]

Premises: ☐ Apartment ☐ Single-Family Home ☐ Other: [__]
Street Address: [RENTAL PROPERTY ADDRESS, UNIT #, CITY, IN ZIP]

Lease Commencement: [MM/DD/YYYY]
Lease Termination / Surrender Date: [MM/DD/YYYY]
Effective Date of this Letter: [MM/DD/YYYY]

II. RECITALS

A. Landlord and Tenant entered into a written residential lease (the “Lease”) for the Premises identified above.
B. Tenant delivered possession of the Premises to Landlord on the Surrender Date.
C. At Lease inception Tenant tendered a security deposit in the amount of $[___] (the “Deposit”).
D. Pursuant to Ind. Code § 32-31-3-12, Landlord is required within forty-five (45) days after termination of occupancy to (i) provide a written, itemized list of damages lawfully deducted from the Deposit and (ii) return any unapplied balance.
E. This letter constitutes Landlord’s statutory itemization and, where applicable, transmits the refundable balance of the Deposit.

III. DEFINITIONS

For ease of reference, capitalized terms shall have the meanings set forth below when used herein:

1. “Applicable Law” – Ind. Code § 32-31-3 et seq. and any successor provisions.
2. “Damages” – Costs, charges, and other lawful deductions itemized in Section IV.
3. “Refund” – The net amount of the Deposit remaining after Damages are deducted.
4. “Tenant Objection Period” – Forty-five (45) calendar days following Tenant’s receipt of this Letter, as prescribed by Applicable Law.

IV. OPERATIVE PROVISIONS

4.1 Itemization of Lawful Deductions

4.2 Deposit Accounting

1. Original Deposit Collected:             $[___]
2. Less: Total Damages (per § 4.1)          $( [___] )
3. Net Balance Owed to Tenant (“Refund”)     $[___]

[// GUIDANCE: If Damages exhaust or exceed the Deposit, insert “$0.00” on line 3 and add demand language for any deficiency owed by Tenant.]

4.3 Manner of Payment

Enclosed please find:
☐ A check in the amount of $[] payable to [TENANT NAME].
☐ No check enclosed because Damages equal or exceed the Deposit. Tenant remains liable for an additional $[], due within fifteen (15) days of receipt of this Letter. Make payment to the address in the header.

V. REPRESENTATIONS & WARRANTIES

1. Landlord has exercised reasonable diligence in inspecting the Premises, verifying charges, and preparing this statement in conformity with Applicable Law.
2. All Damages listed are, in Landlord’s good-faith judgment, attributable to Tenant’s non-compliance with the Lease or ordinary course obligations, and beyond normal wear and tear.

VI. TENANT’S RIGHTS & COVENANTS

1. Objection Procedure. If Tenant disputes any Damages, Tenant must mail or deliver a written objection specifying the disputed item(s) to the undersigned within the Tenant Objection Period.
2. Effect of No Objection. Failure to object within the Tenant Objection Period constitutes acceptance of this itemization and a waiver of further claims regarding the Deposit, subject to Applicable Law.
3. Forwarding Address. Tenant is responsible for promptly updating Landlord in writing of any change of address to facilitate future correspondence.

VII. DEFAULT & REMEDIES

In the event Tenant fails to remit any outstanding balance stated in § 4.3, Landlord may pursue money-damages relief in the [INSERT COUNTY] Housing Court, together with court costs and reasonable attorney fees as allowed by law.

VIII. RISK ALLOCATION

Indemnification provisions are not applicable to this Letter. Tenant’s monetary liability is limited to lawful Damages and any statutory penalties under Applicable Law.

IX. DISPUTE RESOLUTION

1. Governing Law. This Letter and any related dispute shall be governed by the laws of the State of Indiana, without regard to conflict-of-laws rules.
2. Forum Selection. Exclusive jurisdiction and venue shall lie in the [INSERT COUNTY] Housing Court (or, if unavailable, the appropriate state court of general jurisdiction in that county).
3. Arbitration. Arbitration is expressly excluded.
4. Jury Trial. Nothing herein shall be construed as a waiver of Tenant’s constitutional right to trial by jury.
5. Injunctive Relief. The parties acknowledge that disputes arising from this Letter are adequately remediable by money damages.

X. GENERAL PROVISIONS

1. Entire Statement. This Letter constitutes the entire security-deposit itemization required by Applicable Law and supersedes any prior oral or written statements on the subject.
2. Severability. If any provision of this Letter is determined unenforceable, the remaining provisions shall remain in full force to the extent permitted by law.
3. Amendments. Any amendment to this Letter must be in a subsequent writing executed by Landlord (or counsel) and delivered to Tenant.
4. Electronic Delivery. Delivery of this Letter and any enclosures by U.S. Mail is legally sufficient. Electronic copies bearing original signatures shall be admissible to the same extent as originals.

XI. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned has executed and dispatched this Security Deposit Itemization & Partial Return Letter on the Effective Date set forth above.

[AUTHORIZED SIGNATORY NAME]
[Title: ☐ Landlord ☐ Managing Agent ☐ Attorney-in-Fact]
Date: [MM/DD/YYYY]

Enclosures:
1. Check No. [_] in the amount of $[_] (if applicable)
2. Supporting invoices/receipts (pp. []–[])

[// GUIDANCE FOR COUNSEL:
• Verify all line-item charges are supported by dated receipts, invoices, or third-party estimates.
• Send via certified mail, return receipt requested, to establish delivery.
• Retain copies of this Letter, proof of mailing, photographs, and all backup documentation for at least three (3) years in anticipation of any statutory claims.
• Review the Lease for additional notice obligations or tenant-specific covenants that may impact Damages.]