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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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