INDYBAR
Indiana Bar Association

Tenant Claim Defense

Adler Law LLC protects landlords and property owners from meritless allegations and legal risk. Landlord-tenant relationships can become adversarial — particularly when tenants bring legal claims against landlords and/or property owners. Whether the dispute involves habitability issues, security deposit disagreements, wrongful eviction allegations, or claims of retaliation or discrimination, Indiana landlords and property owners need experienced legal defense. At Adler Law LLC, we routinely defend owners of single-family homes, multi-family homes, and apartment complexes throughout Indiana against tenant claims — both in and out of court — to protect your rights, rental income, and reputation.

Common Claims Brought by Tenants

Tenants may file complaints with the court, local housing authorities, or state agencies — or raise counterclaims during eviction proceedings. Common allegations include:

  • Improper handling of security deposits
  • Habitability and failure to repair or maintain the property  
  • Violation of quiet enjoyment or privacy rights
  • Wrongful eviction or lockout
  • Retaliation for reporting code violations
  • Discrimination under state or federal fair housing laws

Our goal at Adler Law LLC is to minimize your risk and shield your assets from tenant claims, while providing personalized, clear, and strategic counsel tailored to your property and case. Many of the above mentioned tenant claims arise in response to eviction actions.

Security Deposit Disputes

Security deposits are one of the most common sources of conflict between landlords and tenants — especially at move-out. In Indiana, strict laws govern how landlords must handle, return, and apply security deposits. At Adler Law, we help landlords understand and comply with Indiana security deposit law while protecting their right to recover damages and unpaid rent.

Tenants may allege that the landlord failed to return their deposit or provide an itemized list of deductions within Indiana’s 45-day deadline. We help landlords prove proper notice, fair deductions, and tenant-caused damage — often defeating these claims or significantly reducing exposure.

Important Security Deposit Rules in Indiana

Maximum Amount: Indiana does not cap the amount a landlord can charge for a security deposit.

Separate Bank Account: While landlords are not required to keep the deposit in a separate account, it must be held in trust and not used as personal funds.

Use of Deposit: Landlords may use a security deposit to cover:

  • Unpaid rent
  • Damages beyond normal wear and tear
  • Cleaning costs to return the unit to its original condition
  • Other lease violations resulting in financial loss

Move-Out and Return Timeline: The law requires landlords to return the security deposit or provide a written itemization of deductions within 45 days of the tenant vacating the unit and providing a forwarding address. If the tenant fails to provide a forwarding address, the landlord is not obligated to return the deposit until one is received.

Written Statement of Damages: If the landlord deducts any portion of the deposit, they must  send a detailed statement listing each deduction and the amount. The statement must be sent to the tenant’s forwarding address within 45 days. Failure to do so waives the landlord’s right to retain any portion of the deposit.

Common Security Deposit Mistakes to Avoid

  • Missing the 45-Day Deadline: Failing to return the deposit or provide a statement in time can result in a full refund to the tenant — even if the deductions were justified.
  • Improper Deductions: Charging for normal wear and tear (e.g., faded paint, worn carpet) is not allowed. Only damage beyond normal use is deductible.
  • Lack of Documentation: Without photos, inspection checklists, or invoices, landlords may struggle to justify deductions if challenged in court.

How Adler Law LLC helps to protect landlords and property owners

Whether you need help with a current dispute or want to establish a stronger deposit policy, we’re here to help Indiana landlords navigate the law and safeguard their rental investments. At Adler Law, we help landlords stay compliant and protect their financial interests by:

  • Drafting clear lease terms regarding deposits and damage
  • Creating legally compliant move-in/move-out checklists
  • Preparing timely and defensible itemizations
  • Representing landlords in deposit-related disputes or litigation

Security deposit issues can lead to costly disputes if mishandled. With our guidance, landlords and property owners can confidently manage the deposit process and avoid legal exposure.

Landlords and Property Owners Need an Aggressive Defense

When tenants make legal claims, landlords and property owners must be prepared to present evidence, comply with court procedures, and avoid retaliatory conduct. Without skilled representation, landlords risk adverse judgments, financial penalties, or long-term damage to their business, both financially and reputationally.

At Adler Law LLC, we aggressively defend against tenant claims by:

  • Investigating the facts and reviewing lease terms
  • Gathering documentation and witness statements
  • Identifying defenses such as tenant-caused damage, noncompliance, or bad faith
  • Responding to formal complaints or motions
  • Negotiating favorable settlements when appropriate
  • Litigating in small claims, superior, or housing courts

Let Adler Law LLC assist you through these claims

A legal claim from a tenant can feel personal, but with the right legal counsel, it becomes manageable. At Adler Law LLC, we take swift, strategic action to resolve disputes and protect your rental business. If you’re facing a legal claim from a tenant, don’t wait. Contact Adler Law LLC today to schedule a consultation. Let us defend your rights and put the issue behind you — efficiently and effectively.

Client Reviews

Hired Mike to help with our estate planning and to draft our will for our trust. My wife and I met with Mike and he knew we didn't know all the legal talk. He talked with us and went through each part of the procedure in normal terms we could understand. Mike is a very well educated person, family...

Mike B

Attorney Michael Adler prepared our trust for us when we had our first child. He is a very smart and compassionate family attorney who know his stuff. He was always available on the phone/email/in person and responds to queries promptly. Above all he is a great human being who genuinely cares for...

Andrea T

We had such an enjoyable experience with Adler Law. Michael Adler was very accommodating throughout the process. My husband and I had been procrastinating for years to plan our will and set up a trust/estate. He was professional, easy going and explained everything in layman's terms. He has since...

Andrea B

Mike is absolutely as good as it gets when looking for someone to create and maintain your Estate Planing needs and goals. He helped our family create an Estate Plan that is exactly what we needed and wanted. He customized our plan based on our particular situation by taking the time to get to know...

Lance T

I've known Mike Adler for years and would recommend his services without hesitation. Mike is highly intelligent & professional, and I know first hand how well he represents his clients. His hard work and commitment are hard to find.

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