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Washmuth v. Wiles

Court of Appeals of Indiana

June 26, 2014

LINDSAY WASHMUTH and, KRISTOPHER WASHMUTH, Appellants-Petitioners,
v.
JOHNNY WILES and AMY WILES, Appellees-Respondents,

APPEAL FROM THE MADISON CIRCUIT COURT. The Honorable David A. Happe, Judge. Cause No. 48C04-1305-SC-2304.

LINDSAY WASHMUTH, KRISTOPHER WASHMUTH, APPELLANTS Pro se, Lapel, Indiana.

ATTORNEY FOR APPELLEES: JONATHON T. COOK, Sansberry Dickmann Freeman Builta & Cook, Anderson, Indiana.

BAKER, J., and CRONE, J., concur.

Page 939

OPINION

BARNES, Judge

Case Summary

Lindsay and Kristopher Washmuth (" Landlords" ) appeal the small claims court's judgment in favor of Johnny and Amy Wiles (" Tenants" ). We reverse and remand.

Issue

Although Landlords raise several issues, we address one dispositive issue, which we restate as whether the small claims court properly determined that Landlords failed to provide Tenants with a timely itemization of damages regarding their security deposit.

Facts

In October 2010, Tenants entered into a one-year lease with Landlords to rent a residence at 505 South Main Street in Lapel for $775 per month plus a $1,500

Page 940

security deposit. The lease was extended to March 31, 2013, but Tenants did not move out until April 1, 2013. On April 29, 2013, Tenants and Landlords exchanged several text messages regarding the return of the security deposit. Tenants refused to provide their new address and, instead, directed Landlords to send the itemized list ...


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