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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I'm looking and information in landlord tenant security

Customer Question

I'm looking for help and information in landlord tenant security deposit dispute.
I was sued in small claims court and lost. I want to appeal on two options:
1- Damages are estimated to high. I was charged full replacement cost for carpeting that is over 8 years old.
2- No 45 day mailed written list of damages, assessments, etc. per 32-31-3 12 thru 14.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. My name is***** am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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Expert:  MIAMILAW1127 replied 1 year ago.

Could you please clarify for me what your question is so I can assist you? Thank you.

Customer: replied 1 year ago.
My landlord kept my deposit for damages and sued me for an additional amount of about $4,000 with fees.I sent the landlord my forwarding address by email and included in the email that I would forward the address in writing. A couple of weeks later he replied to my email with a list of replacement costs and damages prices.I sent a USPS overnight letter w/signature required stating that I considered everything in his email as normal wear and tear and demanded my full deposit be returned by check to my included forwarding address. A few days later we got a notice of claim with a lump sum amount taped to the door of new residence.After a couple of continuances, we went to small claims court with an attorney but lost the case and were ordered to pay. We noted in the hearing that we did not receive written notice by mail at our forwarding address but the judge did not appear to consider that at all. The landlord's attorney stated that email complied with the security deposit laws in Indiana.I've researched some appeals cases and found that a list of damages in writing and mailed to a forwarding address seems a be an absolute requirement and want to appeal the order on that basis. Failing that, I want to appeal the amounts for damages as carpeting in the property was over 8 years old and I was order to pay full replacement costs.
Expert:  MIAMILAW1127 replied 1 year ago.

So are you asking how to go about the process of appealing a judgement from small claims court?

Customer: replied 1 year ago.
First I need some guidance on whether I should even attempt the appeal base in IC 32-31-3-(12 thru 14). I never received any written notice after I provided my forwarding. I had an email list prior to sending the forwarding address and need know if that really complies with the law.
Expert:  MIAMILAW1127 replied 1 year ago.

The email list may comply with the law because, if they can prove you received it, they can say that you were on notice of why the deposit was being withheld. The fact that it was not sent according to the statute may be moot if the overall intent of the statute (providing you notice) was satisfied.