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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: MICHAEL H. MICHMERHUIZEN Barrett & McNagny LLP Fort Wayne, Indiana

FILED
Dec 07 2011, 9:51 am
of the supreme court, court of appeals and tax court

CLERK

IN THE COURT OF APPEALS OF INDIANA
JOHN F. OTTO, JR., Appellant-Plaintiff, vs. SCOTT DOUGLAS WOODHAMS, Appellee-Defendant. ) ) ) ) ) ) ) ) )

No. 02A03-1105-SC-200

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable Jerry L. Ummel, Magistrate Cause No. 02D01-1012-SC-22393

December 7, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

ROBB, Chief Judge

Case Summary and Issue John F. Otto, Jr. appeals from the trial court's denial of his motion to correct error on the trial court's judgment on his claim against his tenant, Scott Woodhams. The sole issue is whether Otto's notice of his intent to retain Woodhams' security deposit in full or in part complied with the requirements of Indiana Code section 32-31-3-14 that a landlord mail a letter to his or her tenant providing an itemized list of damages claimed for which the tenant's security deposit is to be used. Concluding the trial court did not err in denying Otto's motion to correct error because the letter Otto sent to Woodhams was neither strictly nor substantially in compliance with the statute, we affirm. Facts and Procedural History On January 1, 2008, Otto, as the landlord, and Woodhams, as the tenant, entered into a written lease agreement. As part of the lease, Woodhams provided Otto with a $500 security deposit and agreed to pay $550 in rent each month. Once the original lease agreement ran its course, Woodhams continued renting Otto's property on a month-to-month basis. On December 3, 2010, Woodhams delivered his rent check to Otto, along with a notice stating Woodhams' intent to vacate the property. On December 5, 2010, Otto sent Woodhams a letter acknowledging his receipt of the rent check and Woodhams' intent to vacate the property. Otto's letter also stated as follows: Your [security] deposit will be remitted within 30 days of January 1, 2011. The amount will be dependent on the condition of the interior and exterior. The condition is to be as clean as it was when you entered into the original lease, less normal wear and tear. Attached is a copy of the original lease

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