ILNews

Landlords timely delivered itemized damages notice to former tenants

Back to TopCommentsE-mailPrintBookmark and Share

The date a tenant provides her forwarding address to her landlord triggers the 45-day period the landlord has to deliver the itemized damages to the tenant, the Indiana Court of Appeals ruled Thursday.

A small claims judge ordered landlords Lindsay and Kristopher Washmuth to return Johnny and Amy Wiles’ $1,500 security deposit, $800 in attorney fees and other costs after determining the Washmuths’ itemized statement of damages regarding the security deposit was not timely.

The Wileses rented a residence in Lapel from the Washmuths and moved out April 1, 2013, one day after their lease expired. The Wileses refused to provide a new address initially, directing their landlords on April 29, 2013, to send the itemized list to their attorney’s address.

The Wileses sued for return of their deposit. After receiving the Wileses’ new address on the small claims filing, the Washmuths mailed the damages list to them May 28, 2013, seeking more than $1,900 in damages and to keep the security deposit as well as money for unpaid utilities.

The small claims court found that the Wileses had provided the landlords with a permanent address – a P.O. Box in Lapel as well as the address of their attorney. As such, the judge ruled the itemized statement was not timely.

In Lindsay Washmuth and Kristopher Washmuth v. Johnny Wiles and Amy Wiles,  48A04-1310-SC-515, the Court of Appeals reversed, noting that the tenants didn’t provide a mailing address until April 29, which triggered the 45-days under statute the Washmuths had to deliver the itemized damages notice. The notices sent May 28 and June 8 were therefore timely.

“[W]e 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, … 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. The landlord’s obligation to send the notice is tolled until it receives the forwarding address,” Judge Michael Barnes wrote.

 
 

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT