Martinsville, IN asked in Landlord - Tenant for Indiana

Q: I notified landlord of water leak & water damage day I moved in. Deposit withheld for water damage. File in sml claims?

Water damage was never addressed. Landlord says after initial leak fixed, there must have been additional leaks not reported that contributed to water damage. Therefore, I was responsible for the water damage. I have a text I sent notifying them of the leak and water damage. Should that text be enough to win a small claims decision?

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1 Lawyer Answer

Alexander Florian Steciuch

Answered
  • Landlord Tenant Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: No one here will be able to give you a yes or no answer as to whether or not a single piece of evidence is enough to win a case or obtain a judgment against another individual or entity. A lawyer can only give you their informed professional opinion on a case after reviewing all of the facts and evidence that you have. That said, Small Claims sets forth a very low standard on the burden of proof in order to obtain a judgment. Written evidence that you informed your landlord of water damage and leakage from the pipes may be enough to win, but once again, without a full review of all of the facts and evidence in the case, it is impossible to say.

Even if you plan on representing yourself in Small Claims court, you should consider sitting down with an attorney prior to filing to review your case and obtain legal advice.

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