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Sec. 12. (a) Upon
termination of a rental agreement, all of the
security deposit held by the Indiana landlord shall be
returned to the tenant, except for any amount
the payment of accrued rent;
the amount of damages that the landlord has or
will reasonably suffer by reason of the tenant's
noncompliance with law or the rental agreement;
unpaid utility or sewer charges that the tenant is
obligated to pay under the rental agreement;
all as itemized by the landlord in a written
notice delivered to the tenant together with the
amount due within forty-five (45) days after
termination of the rental agreement and delivery
of possession. The landlord is not liable under
this chapter until supplied by the tenant in
writing with a mailing address to which to deliver
the notice and amount prescribed by this
subsection. Unless otherwise agreed, the tenant is
not entitled to apply a security deposit to rent.
(b) If the landlord fails
to comply with subsection (a), the 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.
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