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Landlords timely delivered itemized damages notice to former tenants

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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.

 
 

 

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  1. Mr. Ricker, how foolish of you to think that by complying with the law you would be ok. Don't you know that Indiana is a state that welcomes monopolies, and that Indiana's legislature is the one entity in this state that believes monopolistic practices (such as those engaged in by Indiana Association of Beverage Retailers) make Indiana a "business-friendly" state? How can you not see this????

  2. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  5. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

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