Indiana landlord's $6,200 award cut to $2,400 over missing damage list

Indiana law requires landlords to send tenants an itemised damage list within 45 days of moving out. (AI image)An Indiana landlord who won $6,200 from a former tenant over unpaid rent and damage to an apartment will now receive only $2,400 after a state appeals court ruled on Thursday that the property owner had failed to follow an important requirement under state law. According to the judgment, the landlord had not sent the tenant a written list explaining the damage and the money being claimed for repairs. The court ruled that this failure prevented the landlord from recovering repair and cleaning costs, although the unpaid rent was still due.The dispute involved John Tuttle, who rented an apartment owned by TRS99 LLC, a company managed by Bruce Skiles. Tuttle lived in the property from 2024 until January 2026. He began falling behind on rent in January 2025, and by the time his tenancy ended, he owed $2,400.On January 3 this year, Skiles informed Tuttle through a text message that his lease would end on January 31. As the deadline approached, Tuttle asked for another week because he was unsure whether he could finish moving out in time. Skiles did not agree to the extension, and Tuttle eventually said he would leave by the agreed date.However, when Skiles visited the apartment on January 31, he found that Tuttle had not removed all his belongings. The landlord also claimed that the property had been left in poor condition, with spoiled food, a strong smell of cigarette smoke and damaged kitchen and bathroom fittings. What followed was a disagreement over who should pay for the condition of the apartment and what had happened to the tenant's belongings.Landlord claimed more than $13,000 According to the court's judgment, Skiles found food rotting in pots, pans and appliances when he entered the apartment. Spoiled food and milk had also been left inside the refrigerator. He reported that the kitchen sink and bathroom toilet were damaged and could not be used.Skiles remained at the apartment for the rest of January 31, but Tuttle did not return to clean the property or collect his remaining belongings.On February 3, Skiles took the matter to a small claims court, seeking unpaid rent and compensation for cleaning and repairs. During a hearing in May, he said Tuttle had violated the lease by smoking inside the apartment and causing damage beyond normal wear and tear.The landlord submitted expenses totalling $13,183 for labour and supplies. However, the trial court did not award the full amount. Instead, it ordered Tuttle to pay $2,400 in outstanding rent, $2,900 for repairs and $900 for dumpster rental. The total came to $6,200, excluding court costs.Tuttle challenged the decision, arguing that the landlord had kept his security deposit without sending him the written breakdown of damage required under Indiana law.Role of the missing damage list Under Indiana law, landlords must send former tenants an itemised list of damage claims within 45 days after their occupancy ends, subject to the tenant providing a mailing address in writing. The landlord must also return the security deposit after making any permitted deductions.During the trial, Tuttle's lawyer asked Skiles whether he had returned the security deposit. Skiles replied, "I did not." When asked whether he had provided a notice explaining why the deposit was being withheld, along with an itemised list of damages, Skiles again answered, "I did not."This admission became central to the appeal. The appeals court explained that failure to follow the notice requirement prevents a landlord from recovering money for physical damage to the rented property. However, it does not prevent the landlord from claiming unpaid rent.TRS99 LLC argued on appeal that there was no evidence Tuttle had supplied a mailing address in writing. The judges declined to consider that argument because the landlord had not raised it during the original trial.As a result, the appeals court removed the $3,800 awarded for repairs and dumpster rental, leaving only the $2,400 in unpaid rent.Tenant also loses claimsTuttle had also filed a claim against the landlord, alleging that he had been prevented from collecting his belongings and that some of his property had been destroyed or disposed of.He told the trial court that he had not finished moving because a snowstorm was expected and he did not have enough time to remove everything. He also claimed Skiles had said he would dispose of the remaining belongings as he saw fit.However, Tuttle did not identify the specific items left behind or provide evidence of their value. He also failed to establish how much security deposit he had originally paid.The appeals court said the trial judge could not award compensation without evidence showing how much money Tuttle had lost. It therefore upheld the rejection of his claims for the deposit, legal expenses and personal belongings.In its October 29 decision, the Indiana Court of Appeals partly 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.