The initial term of this lease begins on June 6, 1998 and ends on June 30, 1999. The facts in favour of the non-moving part are that Thomas D. Starks and Jeremy C. Price (collectively known as „the sons”) would attend the college in Evansville, Indiana during the 1998-99 school year. Their fathers, the complainants in this complaint, rented an apartment for them in the Village Green Apartments. The lease was signed on June 6, 1998 by Lessees and his sons. It is a uniform rental contract Village Green Apartments that appears stationary on Village Green Apartments. It states in a relevant part: (a) in the event of termination of a tenancy agreement, a less than a less lender must return the deposit to the tenant, minus the amount possibly requested: „The non-compliance with the obligation of compensation constitutes an agreement of the lessor that no damage is due.” Mileusnich v. Novogroder Co., Inc., 643 N.E.2d 937, 941 (In.Ct.App.1994).
Thus, the tenant is entitled to the return of the total bail and the reasonable legal fees to be determined in the event of preventive detention. Mileusnich v. Novogroder Co., Inc., 643 N.E.2d 937. In addition, a lessor must respect the legal obligation of termination in order to preserve its right to a re-inspection of other damages owed to it. Durf v. Molter, 839 N.E.2d 1208 (Ind.Ct.App.2005). As we have explained, „[t]he issue of the repayment of the surety, if any, should first be resolved, and is a condition for the continuation of claims to other damages through the surety, or not dealt with in Code Ind.32-31-3-13. If the required notification is not granted, the owner has implicitly agreed that there are no other claims. Id.
to 1211. As a result, Village Green must not only repay the tenants` deposit in full, but also be isolated from the collection of unpaid rents. The issue of damage to housing deposits is regulated by law. I.C No. 32-31-3-12 (West, PREMISE until 2005 1. Regular services) provides that a landlord may, at the end of a tenant`s occupation, withhold a deposit for the following reasons: ” (1) [the payment of the rent accrued; (2) the amount of damage suffered or reasonably suffered by the lessor as a result of non-compliance with the law or the lease; and (3) unpaid supply or remediation taxes that the tenant must pay under the tenancy agreement. Ic.