Indiana Supreme Court to hear arguments at Indiana Law
FOR IMMEDIATE RELEASE
Oct. 13, 2008
BLOOMINGTON, Ind. -- The Indiana Supreme Court will hear oral arguments on Thursday (Oct. 16) in a case relevant to many college students who rent their homes or apartments. Arguments will begin at noon in the Moot Court Room at the Indiana University School of Law--Bloomington.
Klotz v. Hoyt, the case to be argued, is a landlord-tenant dispute over the payment of back rent and the return of the tenant's security deposit.
Chief Justice Randall T. Shepard said the arguments provide the opportunity for students and the public to see the judicial system in action.
"We have been going on the road a few times a year for a number of years, and it is always a pleasure," Shepard said. "It is an opportunity to answer questions about the Court and allow people to see the process first-hand. The Justices particularly enjoy meeting future attorneys -- students who may someday argue before the Indiana Supreme Court or even the United States Supreme Court."
Klotz v. Hoyt originated in Muncie, when two women rented an apartment from landlord Stan Klotz.
The only roommates -- Sarah Hoyt and Chrissy Kornmann -- signed a one-year lease in June 2006, but paid rent only for the first six weeks of the lease. Due to personal disagreements, the two tenants vacated the apartment without notifying Klotz. After the tenants vacated, Klotz found damage to the apartment, as well as furniture that had been left behind. Klotz attempted to notify both tenants of his intention to begin eviction proceedings, but received no response to his letters.
In January 2007, Klotz filed a complaint seeking immediate possession of the residence and damages in the amount of approximately $10,000.
A trial court evicted Hoyt and Kornmann three weeks later, with Klotz agreeing not to request damages over $6,000, the maximum allowed in small claims court. Hoyt filed a petition for the return of her security deposit and her property that she'd left behind in the residence, arguing that more than 45 days had passed since her eviction, with Klotz failing to send her an itemized list of damages that would warrant the forfeiture of her security deposit.
The Delaware County Circuit Court found in favor of the tenants in April 2007. The Indiana Court of Appeals reversed the decision in February 2008, ruling that the 45-day window for a landlord to present the tenants a list of itemized damages began when the trial court entered an order of eviction against the tenants, not earlier, when Klotz first informed the tenants of his intent to seek an eviction order. The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the case.
Shepard said Thursday's arguments will give the public the opportunity to see the Court in action away from Indianapolis.
"While our historic courtroom in the Statehouse is always open to the public for oral arguments, we look forward to going on the road and bringing the Court to locations where more people can see it work," Shepard said.
Thursday's event marks the second time in four weeks that oral arguments will be heard at Indiana Law. On Sept. 29, the Indiana Court of Appeals heard oral arguments in Mishler v. State, also in the Moot Court Room.
