Law & Justice
Indiana Appeals Court Cuts Landlord’s Award to $2,400 Over Missing Damage List
An Indiana landlord who had originally been awarded $6,200 from a former tenant for unpaid rent and apartment damage will now receive only $2,400 after a state appeals court ruled that the owner had failed to meet a key legal requirement. The court found that the landlord did not send the tenant a written list of the damage and the costs for repairs, a requirement under Indiana law. The unpaid rent remains due.
The dispute involved John Tuttle, who rented an apartment owned by TRS99 LLC, managed by Bruce Skiles, from 2024 until January 2026. Tuttle fell behind on rent in January 2025 and owed $2,400 when his tenancy ended. On January 3, 2026, Skiles texted Tuttle that the lease would end on January 31. Tuttle asked for an extension, which Skiles denied, and Tuttle left by the agreed date. When Skiles entered the apartment on January 31, he found that Tuttle had not removed all his belongings and that the property was left in poor condition, with spoiled food, a strong cigarette smell, and damaged kitchen and bathroom fittings.
Skiles reported rotting food in pots, pans and appliances, spoiled food and milk in the refrigerator, and damage to the kitchen sink and bathroom toilet. He stayed in the apartment for the rest of the day, but Tuttle did not return to clean or collect his remaining items. On February 3, Skiles filed a small‑claims case seeking unpaid rent and compensation for cleaning and repairs. During a May hearing, Skiles alleged that Tuttle had violated the lease by smoking inside the apartment and causing damage beyond normal wear and tear. He submitted expenses totaling $13,183 for labor and supplies. The trial court awarded Tuttle $2,400 in outstanding rent, $2,900 for repairs and $900 for dumpster rental, totaling $6,200, excluding court costs.
Tuttle appealed, arguing that the landlord had retained his security deposit without providing the required written breakdown of damages. Indiana law requires landlords to send former tenants an itemized list of damage claims within 45 days after occupancy ends, and to return the security deposit after any permitted deductions. During the trial, Tuttle’s lawyer asked Skiles whether he had returned the security deposit and provided a notice explaining the deductions. Skiles answered that he had not done either.
The appeals court held that failure to provide the notice prevents a landlord from recovering money for physical damage, but does not bar a claim for unpaid rent. TRS99 LLC argued that Tuttle had not supplied a mailing address in writing, but the judges declined to consider that because the landlord had not raised it during the original trial. Consequently, the court removed the $3,800 awarded for repairs and dumpster rental, leaving only the $2,400 in unpaid rent.
Tuttle also filed a claim against the landlord for being prevented from collecting his belongings and for alleged destruction or disposal of his property. He said he had not finished moving because a snowstorm was expected and he lacked time to remove everything, and he claimed that Skiles had said he would dispose of the remaining belongings as he saw fit. However, he did not identify the specific items left behind, provide evidence of their value, or establish how much security deposit he had originally paid. The appeals court held that the trial judge could not award compensation without evidence of the loss, and upheld the rejection of his claims for the deposit, legal expenses and personal belongings.
In its October 29 decision, the Indiana Court of Appeals partially overturned the earlier judgment and directed the lower court to amend the award. Tuttle remains responsible for the $2,400 unpaid rent, but the landlord cannot recover the additional cleaning and repair costs awarded at trial.