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I am a landlord and I have filed an eviction on my tenant.

Customer Question
I am a landlord...

I am a landlord and I have filed an eviction on my tenant. They have moved and paid the back rent. My problem is they did a lot of damage to my property. Am I legally required to file a dismissal

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Indiana

Lawyer's Assistant: Has anything been filed or reported?

The only thing filed was the eviction.

Submitted: 11 months ago.Category: Legal
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Answered in 15 minutes by:
9/15/2017
Lawyer: Expert James, Lawyer replied 11 months ago
Expert James
Expert James, Lawyer
Category: Legal
Satisfied Customers: 13,567
Experience: I hold a JD and have more than 12 years of legal experience.
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Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: If the basis of the eviction was the failure to pay rent, accepting the repayment results in a dismissal of the eviction claim by the courts. Moreover, they've moved out, which is the whole purpose of the eviction.

But you can deduct from the security deposit for reimbursement of actual damages that are not the result of ordinary wear and tear; for the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant’s noncompliance with law or the rental agreement; and for any unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement.

Within 45 days of termination of the occupancy, you need to provide an itemized list of damages with a money order for the difference between the damages claimed and the original amount of security deposit.

If the deposit doesn't cover it and the amount in dispute is less than $6000, then you need to file suit in small claims court.

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Lawyer: Expert James, Lawyer replied 11 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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