ILNews

Landlord sent itemized letter on time

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The Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord did deliver an itemized damages letter within statutory deadlines.

Christine DiGiacomo had a one-year written lease agreement with Robert Eppl for a one-bedroom apartment. She asked to stay on a couple of months extra after the lease ended because her new home wasn’t ready for her to move in. She paid rent for February 2009, but arranged to drop off her keys to the apartment in the middle of February because she was ready to move. On April 10, she received an itemized list of damages from Eppl, keeping her $550 security deposit and seeking $87.50 in additional damages for nail holes in the wall, a broken light fixture, and repainting of the apartment.

DiGiacomo sued for the refund of her security deposit and attorney fees, arguing that the letter came after the 45 days required under statute; Eppl countersued for the additional $87.50. The small claims court ruled in favor of DiGiacomo.

At issue in Robert Eppl v. Christine DiGiacomo, No. 45A03-1007-SC-402, is whether the month-to-month lease terminated in the middle of February when DiGiacomo turned in her keys, which would make the itemized damages letter late under statute; or whether the lease terminated at the end of February, in which the letter would be on time.

The judges found that DiGiacomo’s conduct didn’t indicate that she intended the rental agreement to end until the end of February as she paid rent through the end of the month and never requested a pro rata refund of rent paid for the month. She and Eppl also had an oral agreement that she would stay for a couple more months. Also, she can’t show that Eppl took any decisive action on February 13 when she turned in the key that manifested his acceptance of her surrender of the apartment, wrote Judge Carr Darden.

“Without more, DiGiacomo’s mere delivery of the keys is not sufficient to demonstrate that Eppl actually accepted the surrender of the premises, and thereby, released DiGiacomo from liability as of that date,” he wrote.

The appellate court reversed judgment in favor of DiGiacomo and remanded for the court to calculate the undisputed nail hole damages and expenses for repair of the broken light fixture to be deducted from the security deposit. DiGiacomo admitted to breaking the light fixture and making eight to 10 nail holes in the apartment, but said she did not make the 53 holes that Eppl said he counted in the apartment after she left.
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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