The Law Office of Robert J.

Donahue
806 South Fanning Street No. 3
Sheridan, IN 46069
donahue.robert@gmail.com
765.430.2119

DEMAND LETTER
From
Robert J. Donahue, J.D.
The Law Office of Robert J. Donahue
806 South Fanning Street No. 3
Sheridan, IN 46069

On behalf of my clients:
Oliver Donahue and Raymond Wheeler
7215 Jessman Road East Drive Apt. B
Indianapolis, IN 46256

To
TGM Shadeland Inc.
7135 Thatcher Drive
Indianapolis, IN 46256

Hand-delivered and mailed to you on this same day.

February 28, 2024

THIS IS AN ATTEMPT TO CURE YOUR 9-DAY BREACH OF THE IMPLIED WARRANTY

OF HABITABILITY AND OF YOUR OBLIGATIONS UNDER IND. CODE 32-31-8-5.

PRO-RATED RENT REFUND OR ABATEMENT NOW DUE: $372.41 (9 DAYS IN

FEBRUARY; $1,200 RENT DIVIDED BY 29 DAYS IS $41.38 PER DAY; 9 x $41.38 = $372.41)

YOU HAVE 5 DAYS TO PROVIDE THE $372.41 REFUND OR TO ABATE THE RENT BY
$372.41 WITH A BINDING WRITTEN AGREEMENT TO DO SO OR PROOF THAT YOU
HAVE DONE SO—YOUR 5 DAYS ENDS ON MONDAY, MARCH 4, 2024.

Dear TGM Shadeland Inc.,

This matter is in regard to the Sunday, February 11 bursting of pipes in the apartment above Oliver

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 The Law Office of Robert J. Donahue
806 South Fanning Street No. 3
Sheridan, IN 46069
donahue.robert@gmail.com
765.430.2119

Donahue and Raymond Wheeler (“Tenants”) at 7215 Jessman Road East Drive Apt. B, which
bursting/flooding structurally damaged the unit by blasting a hole in the bathroom ceiling (not fixed till
February 18). The burst pipes showered their apartment in falling water until over an inch of their unit
was flooded, requiring their immediate evacuation on the 11th and a frantic attempt to save their
property from water damage.

On Wednesday, February 14, 3 days after being driven from their unit by the pipe burst/flooding/ceiling
hole, Mr. Wheeler contacted your office about the status of repairs and when Tenants could return. He
was told the carpets were still unclean, but that Tenants could move back in on Monday, February 19,
AS LONG AS the carpets were completely dry. The drywall hole in the ceiling wasn't fixed until
Sunday, February 18. As instructed by your office, Tenants moved back into the unit on the 19th.

Tenants' rent is $1,200 a month. February is 29 days this year. $1,300 divided by 29 = $41.38. 9 days
times $41.38 = $372.41. The mere $100 rent credit offered so far by you covers just over 2 days—
nowhere near the 9 days they had to wait for repairs and carpet drying.

The $372.41 refund/abatement demand is in regard to the 9 days of use that Tenants were deprived of
by your failure to provide a habitable apartment on the dates of February 11 through 19, as required by
Ind. Code 32-31-8-5, which reads in full:

A landlord shall do the following:

(1) Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and
habitable condition.

(2) Comply with all health and housing codes applicable to the rental premises.

(3) Make all reasonable efforts to keep common areas of a rental premises in a clean and proper condition.

(4) Provide and maintain the following items in a rental premises in good and safe working condition, if provided on
the premises at the time the rental agreement is entered into:

(A) Electrical systems.

(B) Plumbing systems sufficient to accommodate a reasonable supply of hot and cold running water at all times.

(C) Sanitary systems.

(D) Heating, ventilating, and air conditioning systems. A heating system must be sufficient to adequately supply
heat at all times.

(E) Elevators, if provided.

(F) Appliances supplied as an inducement to the rental agreement.

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 The Law Office of Robert J. Donahue
806 South Fanning Street No. 3
Sheridan, IN 46069
donahue.robert@gmail.com
765.430.2119

You should be aware that if we need to go to small claims court to resolve this, Ind. Code 32-31-8-6(d)
provides (emphasis added):

(d) If the tenant is the prevailing party in an action under this section, the tenant may obtain any of the following,
if appropriate under the circumstances:
(1) Recovery of the following:
(A) Actual damages and consequential damages.
(B) Attorney's fees and court costs.
(2) Injunctive relief.
(3) Any other remedy appropriate under the circumstances.

In order to resolve this matter, you have 5 days to provide the $372.41 refund or to abate March's rent
by $372.41 with either a binding written agreement to do so or proof that it's been done. YOUR 5
DAYS ENDS ON MONDAY, MARCH 4, 2024.

If there is no response to this letter, all legal rights shall be explored, including, but not limited to, legal
proceedings necessary to protect my young clients from being taken advantage of.

This demand letter for refund or rent abatement serves as official notice to you and may be tendered in
court as evidence of your failure to cure your breach. If legal action is required to resolve this matter, it
may involve having you pay attorney’s fees. See Ind. Code 32-31-8-6(d)(1)(B).

We hope to resolve this matter as soon as possible. Please contact me as soon as reasonably possible by
phone, text, or e-mail to discuss this resolution. Address all future communication about this matter to
me on behalf of my clients.

Sincerely,

___________________________________
Robert J. Donahue, J.D. (#20096-49)
The Law Office of Robert J. Donahue
806 South Fanning Street No. 3
Sheridan, IN 46069
donahue.robert@gmail.com
765.430.2119