notice of damages requirement (Indiana) · Go Syfert
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notice of damages requirement in Indiana

7 Indiana opinions name it 1 courts 1992–2012 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Mileusnich v. Novogroder Co., Inc.green
indctapp · 1994 · cited in 2 Indiana opinions naming this issue, 2006–2008
2 sentences

2008Indiana Code section 32-31-3-15 indicates that “[f]ailure by a landlord to provide notice of damages under section 14 of this chapter constitutes agreement by the landlord that no damages are due, and the landlord must remit to the tenant immediately the full security deposit.” See also Durf v. Molter, 839 N.E.2d 1208, 1210 (Ind.Ct.App.2005) (“The failure to comply with the notice of damages requirement constitutes an agreement by the landlord that no damages are due.”) (quoting Mileusnich v. Novogroder Co., Inc., 643 N.E.2d 937, 941 (Ind.Ct.App.1994)).

2008Indiana Code section 32-31-3-15 indicates that "[f]ailure by a landlord to provide notice of damages under section 14 of this chapter constitutes agreement by the landlord that no damages are due, and the landlord must remit to the tenant immediately the full security deposit." See also Durf v. Molter, 839 N.E.2d 1208, 1210 (Ind.Ct.App.2005) ("The failure to comply with the notice of damages requirement constitutes an agreement by the landlord that no damages are due.") (quoting Milensnich v. Novogroder Co., Inc., 643 N.E.2d 937, 941 (Ind.Ct.App.1994)).

22
Chasteen v. Smithgreen
indctapp · 1993 · cited in 2 Indiana opinions naming this issue, 1994–1994
2 sentences

1994See Chasteen v. Smith (1993), Ind.App., 625 N.E.2d 501 (by operation of statute, the failure of a landlord to comply with the notice of damages requirement constitutes an agreement by the landlord that no damages are due).

1994Chasteen v. Smith (1993), Ind.App., 625 N.E.2d 501, 502 .

12
Figg v. Bryan Rental Inc.green
indctapp · 1995 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012Figg v. Bryan Rental Inc., 646 N.E.2d 69, 72 (Ind. Ct. App. 1995), reh’g denied, trans. denied. 5 Zanovello argues he terminated his occupancy by May 6,5 when he provided Deer Park with a forwarding address.

11
Durf v. Moltergreen
indctapp · 2005 · cited in 1 Indiana opinions naming this issue, 2008–2008
2 sentences

2008Indiana Code section 32-31-3-15 indicates that “[f]ailure by a landlord to provide notice of damages under section 14 of this chapter constitutes agreement by the landlord that no damages are due, and the landlord must remit to the tenant immediately the full security deposit.” See also Durf v. Molter, 839 N.E.2d 1208, 1210 (Ind.Ct.App.2005) (“The failure to comply with the notice of damages requirement constitutes an agreement by the landlord that no damages are due.”) (quoting Mileusnich v. Novogroder Co., Inc., 643 N.E.2d 937, 941 (Ind.Ct.App.1994)).

2008Indiana Code section 32-31-3-15 indicates that "[f]ailure by a landlord to provide notice of damages under section 14 of this chapter constitutes agreement by the landlord that no damages are due, and the landlord must remit to the tenant immediately the full security deposit." See also Durf v. Molter, 839 N.E.2d 1208, 1210 (Ind.Ct.App.2005) ("The failure to comply with the notice of damages requirement constitutes an agreement by the landlord that no damages are due.") (quoting Milensnich v. Novogroder Co., Inc., 643 N.E.2d 937, 941 (Ind.Ct.App.1994)).

11
Pinnacle Properties v. Saulkagreen
indctapp · 1998 · cited in 1 Indiana opinions naming this issue, 2000–2000
1 sentence

2000However, where the landlord fails to comply with the statutory notice requirement this “constitutes agreement by the landlord that no damages are due, and the landlord must remit to the tenant immediately the full security deposit.” I.C. § 32-7-5-15; Pinnacle Props. v. Saulka, 693 N.E.2d 101, 103-04 (Ind.Ct.App.1998), trans. denied. *303 We further note that “the Security Deposit statute applies only to security deposits” and that the statute “clearly and unambiguously preserves the right of the landlord ... to recover other damages to which [he or she] is entitled.” I.C. § 32-7-5-12(c) 5 ; Mi

11
Miller v. Geelsgreen
indctapp · 1994 · cited in 1 Indiana opinions naming this issue, 2000–2000
1 sentence

2000However, where the landlord fails to comply with the statutory notice requirement this “constitutes agreement by the landlord that no damages are due, and the landlord must remit to the tenant immediately the full security deposit.” I.C. § 32-7-5-15; Pinnacle Props. v. Saulka, 693 N.E.2d 101, 103-04 (Ind.Ct.App.1998), trans. denied. *303 We further note that “the Security Deposit statute applies only to security deposits” and that the statute “clearly and unambiguously preserves the right of the landlord ... to recover other damages to which [he or she] is entitled.” I.C. § 32-7-5-12(c) 5 ; Mi

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Flying Squadron Foundation v. Crippen green
ind · 1930
2 sentences

1992Contrary to the Landlords' argument, the legal effect of written documents is a question of law for trial courts to decide, whether they be ambiguous or unambiguous. - Flying Squadron Foundation v. Crippen (1930), 201 Ind. 482 , 169 N.E. 843 ; Ford v. Cleveland (1942), 112 Ind.App. 420 , 44 N.E.2d 244 .

1992Contrary to the Landlords' argument, the legal effect of written documents is a question of law for trial courts to decide, whether they be ambiguous or unambiguous. - Flying Squadron Foundation v. Crippen (1930), 201 Ind. 482 , 169 N.E. 843 ; Ford v. Cleveland (1942), 112 Ind.App. 420 , 44 N.E.2d 244 .

11992–1992
Ford v. Cleveland neutral
indctapp · 1942
2 sentences

1992Contrary to the Landlords' argument, the legal effect of written documents is a question of law for trial courts to decide, whether they be ambiguous or unambiguous. - Flying Squadron Foundation v. Crippen (1930), 201 Ind. 482 , 169 N.E. 843 ; Ford v. Cleveland (1942), 112 Ind.App. 420 , 44 N.E.2d 244 .

1992Contrary to the Landlords' argument, the legal effect of written documents is a question of law for trial courts to decide, whether they be ambiguous or unambiguous. - Flying Squadron Foundation v. Crippen (1930), 201 Ind. 482 , 169 N.E. 843 ; Ford v. Cleveland (1942), 112 Ind.App. 420 , 44 N.E.2d 244 .

11992–1992

Statutes the citing opinions construe

IN § Ind. Code § 32-31-3-12 (3) IN § Ind. Code § 32-31-3-14 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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