Ind. Marion Cnty. Small Cl. Local Rule LR49-SC10-503

A judgment may not exceed the relief specifically requested in the Notice of Claim, except that a

Notice of Claim generally seeking unpaid rents for real estate shall be deemed to include a request

for rents accruing after filing through the date of judgment. Furthermore, a landlord may seek

damages to the extent that notice of such damages has been given to the tenant in compliance with

Ind. Code § 32-31-3-1 et seq. no fewer than five (5) days before the hearing. The Court may allow

an amendment of the Notice of Claim and/or a continuance to file the same at any time before the

damages hearing, if it finds that the Defendant(s) have or will receive reasonable notice of said

amendment before the damages hearing.

Comment: The problem addressed in this rule is that of a Defendant not being made aware of the

full extent of the landlord’s alleged damages. A catch phrase of “all other available relief” or

“compensation for any waste committed on the premises” is insufficient to alert an unrepresented

Defendant in a small claims setting. By incorporating the requirements of the Indiana Security

Deposit Act, specific and timely notice of the landlord’s claims will be assured.

Citation(s):

REPORT ON THE MARION COUNTY SMALL CLAIMS COURT, FINDINGS OF FACT D(48), p. 12.

REPORT ON THE MARION COUNTY SMALL CLAIMS COURT, PART C COMPLEMENTARY REFORM 2(h), p.

28.

Adopted Oct. 15, 2012, effective March 1, 2013.