Barnes, J.
….
Although Landlords raise several issues, we address one dispositive issue, which we restate as whether the small claims court properly determined that Landlords failed to provide Tenants with a timely itemization of damages regarding their security deposit.
….
Based on the language of Indiana Code Section 32-31-3-12, Lae, and Raider, we conclude that, if a tenant immediately provides a forwarding address upon termination of the rental agreement and delivery of possession, a landlord has forty-five days to deliver the itemized damages to the tenant. However, if the tenant fails to provide the forwarding address upon termination of the rental agreement and delivery of possession, as noted by Raider, under Indiana Code Section 32-31-3-12, the landlord “is not liable . . . until supplied by the tenant with a mailing address to which to deliver the notice.” The landlord’s obligation cannot begin to run until after the tenant has supplied a forwarding address. Lae, 789 N.E.2d at 484. The landlord’s obligation to send the notice is tolled until it receives the forwarding address. Once a tenant provides the forwarding address, a landlord then has forty-five days to deliver the notice.1 Consequently, once Tenants provided Landlords with a mailing address on April 29, 2013, Landlords had forty-five days to deliver the itemized damages notice to the Tenants, and Landlords’ notices to Tenants on May 28, 2013, and June 8, 2013, were timely.
Conclusion
The small claims court erred when it determined that Landlords’ notice to Tenants was untimely. Consequently, we reverse and remand for the small claims court to calculate the amount of damages incurred by Landlords and the amount of the security deposit, if any, that should be returned to Tenants.
Reversed and remanded.
BAKER, J., and CRONE, J., concur.