Sec. 13. A security deposit may be used only for the following purposes:

(1) To reimburse the landlord for actual damages to the rental unit or any ancillary facility that are not the result of ordinary wear and tear.

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Terms Used In Indiana Code 32-31-3-13

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • landlord: means :

    Indiana Code 32-31-3-3

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • rent: includes all payments made to a landlord under a rental agreement except a security deposit, however denominated. See Indiana Code 32-31-3-6
  • rental agreement: means an agreement together with any modifications, embodying the terms and conditions concerning the use and occupancy of a rental unit. See Indiana Code 32-31-3-7
  • rental unit: means :

    Indiana Code 32-31-3-8

  • security deposit: means a deposit paid by a tenant to the landlord or the landlord's agent to be held for all or a part of the term of the rental agreement to secure performance of any obligation of the tenant under the rental agreement. See Indiana Code 32-31-3-9
  • tenant: means an individual who occupies a rental unit:

    Indiana Code 32-31-3-10

(2) To pay the landlord for:

(A) all rent in arrearage under the rental agreement; and

(B) rent due for premature termination of the rental agreement by the tenant.

(3) To pay for the last payment period of a residential rental agreement if a written agreement between the landlord and the tenant stipulates that the security deposit will serve as the last payment of rent due.

(4) To reimburse the landlord for utility or sewer charges paid by the landlord that are:

(A) the obligation of the tenant under the rental agreement; and

(B) unpaid by the tenant.

[Pre-2002 Recodification Citation: 32-7-5-13.]

As added by P.L.2-2002, SEC.16.