1. (a) Upon termination of a rental agreement, a landlord shall return to the tenant the security deposit minus any amount applied to:

   1. (1) the payment of accrued rent;
   2. (2) the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and

   3. (3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement;

      all as itemized by the landlord with the amount due in a written notice that is delivered to the tenant not more than forty-five (45) days after termination of the rental agreement and delivery of possession. The landlord is not liable under this chapter until the tenant supplies the landlord in writing with a mailing address to which to deliver the notice and amount prescribed by this subsection. Unless otherwise agreed, a tenant is not entitled to apply a security deposit to rent.

2. (b) If a landlord fails to comply with subsection (a), a tenant may recover all of the security deposit due the tenant and reasonable attorney's fees.
3. (c) This section does not preclude the landlord or tenant from recovering other damages to which either is entitled.

4. (d) The owner of the dwelling unit at the time of the termination of the rental agreement is bound by this section.

   [Pre-2002 Recodification Citation: 32-7-5-12.]

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