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Indiana Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can i still be evicted if landlord accepted rent after eviction judgement

Landlord pay sheriffs fee today to execute writ. I live in Indiana.

James L. Arrasmith
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answered on Mar 30, 2024

In Indiana, once an eviction judgment has been made and the landlord has taken further steps, such as paying the sheriff's fee to execute the writ of possession, the situation becomes more complex. Accepting rent after a judgment has been issued could potentially affect the eviction process.... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How much notice does a landlord have to give a tenant when they issue a lease non renewal notice on a year long lease?
James L. Arrasmith
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answered on Mar 30, 2024

The amount of notice a landlord must give a tenant for a lease non-renewal can vary greatly depending on the jurisdiction. Generally, for a year-long lease, landlords are often required to provide tenants with a notice period before the lease ends if they do not intend to renew it. This period can... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I be charged legal fees without going to court?
James L. Arrasmith
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answered on Mar 30, 2024

Yes, you can incur legal fees without going to court. Lawyers often charge for various services outside of courtroom proceedings, such as consultations, document preparation, negotiation, and legal advice. These tasks form a significant part of the legal work and can be essential for resolving... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I live in a mobile home park. I own my home. I was late paying rent but I paid it plus the late fee and then I paid the

Next month rent on time. But they are trying to charge me legal fees without going to court.

James L. Arrasmith
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answered on Mar 30, 2024

It's important to first review your lease agreement and any park rules to understand the conditions around rent payments, late fees, and additional charges such as legal fees. These documents usually outline what the park management can charge in situations of late rent payments. If the... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I need to know if I have rights to sue and what for

I was evicted after the property manager accepted partial rent . They altered the original court documents for possession and put a new date on it . Then only moved 3 items into storage out of my fully furnished apartment. The property manager also came to my door to confront me about asking the... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on your description, you may have grounds to pursue legal action for several reasons. If the property manager accepted partial rent and then proceeded with eviction, it might contravene agreements or local laws regarding eviction procedures. Altering court documents is a serious matter that... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Indiana on
Q: Can my landlord tell me I'm not allowed to have a Facebook account or any other social media accounts?

Recently I've been having problems with my landlord telling me that I need to delete my Facebook account or he would evict me over it. not for sure what to do about that.

Is there a law that states a landlord can tell me what I can and can't do on social media? I mean there's... View More

James L. Arrasmith
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answered on Mar 19, 2024

In general, your landlord cannot dictate your social media activities, such as maintaining a Facebook account, as long as your conduct on these platforms does not violate the terms of your lease or local laws. Your rights to privacy and free speech are typically protected under the law, unless your... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Maintenance entered my unit without my consent. Is this considered a case? I did not give permission for entrance.
T. Augustus Claus
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answered on Feb 7, 2024

In Indiana, landlords and their agents (including maintenance staff) are generally required to provide tenants with reasonable notice before entering a rental unit, except in certain circumstances such as emergencies or when immediate entry is necessary to prevent damage to the property. The... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Indiana on
Q: My package is lost, the property manager sign for it.

Landlord shall not be liable for theft, loss, damage or destruction of personal property, damage arising from the acts or negligence of other residents, the elements, or damages arising from acts or occurrences over which it has no control.

Resident agrees that Landlord shall not be liable... View More

James L. Arrasmith
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answered on Jan 24, 2024

In your situation in Chesterton, Indiana, where a package was lost after being signed for by your property manager, the terms of your lease agreement as you've described them indicate that the landlord typically is not liable for lost or stolen personal property. This includes situations where... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Is an appeal the right way to go? And if so, what should I base the brief on?

Missed hearing- court clerk gave invalid proceduresfor covid when i called and asked what their courts protocol was(like indybar and depthealth websites state/had representation that I never received counsel from. I had evidence of breach from landlord within 30 days, retaliation claim. And... View More

James L. Arrasmith
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answered on Jan 2, 2024

Filing an appeal can be a valid course of action if you believe that legal errors affected the outcome of your case. In your situation, where there were procedural issues like being given incorrect information by the court clerk and challenges with your representation, these could form the basis of... View More

1 Answer | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Indiana on
Q: Do I have to report "income" on real estate payment received only to cover the mortgage from current tenants?

Father's exwife owns the property. People that live in the house pay him, not her, directly the monthly amount to cover the mortgage payment on the property and nothing more. Is this considered "rental income" and should it be reported to the IRS? If so, who's taxes should it... View More

James L. Arrasmith
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answered on Dec 25, 2023

In this scenario, the money received from tenants to cover the mortgage is typically considered rental income and should be reported to the IRS. The key factor isn't the amount received but rather the fact that payment is made for the use of the property.

As for whose taxes it should...
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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I contest an eviction in Indiana or request a stay that I wasn't a dependent in?

My landlord filed an eviction against only one person using a lease from 2018. For the last 2 years however I've been paying him myself and had a verbal agreement to rent. Due to not being included in the eviction I was not able to present my receipts to the judge showing the tent was paid and... View More

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answered on Dec 19, 2023

In Indiana, if you were excluded from an eviction notice and couldn't present rent receipts to the judge, you have options to contest the eviction.

Consider filing a motion to set aside the judgment, providing evidence of your payments like receipts and bank statements. Request a...
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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a motel manager go to jail for locking out a tenant who refused to pay rent after 3 months of being there.

It was a notice for them to go to office to pay or leave and has had an eviction notice afterward.

T. Augustus Claus
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answered on Oct 18, 2023

In Indiana, a motel manager cannot typically lock out a tenant without following the proper legal eviction process. Engaging in a "self-help" eviction, such as changing locks or physically removing a tenant, is generally illegal and can result in legal consequences. The legal eviction... View More

1 Answer | Asked in Municipal Law and Landlord - Tenant for Indiana on
Q: What happens if a family member refuses to remove a camper and personal items of your property?

She refused the eviction letter and green card should be coming back to us ,

James L. Arrasmith
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answered on Oct 15, 2023

If a family member refuses to remove a camper and personal items from your property after being given notice, you may have legal remedies available. Typically, the next step involves initiating a formal eviction process through your local court. After obtaining a court order, if the family member... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a Indiana landlord force me to do automatic payments?
T. Augustus Claus
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answered on Oct 12, 2023

In Indiana, a landlord generally cannot force you to use automatic payments for rent unless you have agreed to this method of payment in your lease agreement. If your lease does not specify that automatic payments are required, the landlord usually cannot mandate this payment method. Some landlords... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: What damages can I recover from a illegal eviction in indiana?

Case was decided as a illegal eviction in court I was put on the street and homeless for a month without any of my belongings

T. Augustus Claus
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answered on Sep 6, 2023

In Indiana, if you've been a victim of an illegal eviction, you may be eligible to recover various types of damages. These can encompass actual financial losses related to the eviction, punitive damages if the landlord's actions were particularly wrongful, attorney's fees and court... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: What does a tenant do when a landlord refuses to take rent payment
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answered on Sep 4, 2023

When a landlord refuses to accept rent payment in Indiana, it can create a challenging situation for tenants. It's essential to document all attempts to pay rent, including copies of checks or money orders and any communication with the landlord. Start by sending a written letter or email to... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can your landlord let rent a center into your home to reposess items if you are behind on 2 payments w/o your approval
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answered on Aug 30, 2023

A landlord generally does not have the authority to allow Rent-A-Center or any other third party to enter your home without your permission to repossess items, even if you're behind on payments. Landlords have certain responsibilities and limitations when it comes to entering rental... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: The house I live in one of the Roomate said he’s going to go to the police to get all of us kicked out

He’s being evicted and he said he’s going to the police to tell them that we’re felons and recovering drug addicts to get us kicked out because he’s being evicted. Is that possible?

John Michael Frick
John Michael Frick
answered on Aug 18, 2023

Typically, police don't evict people. That's something a landlord does. While telling police might draw some scrutiny from police seeking to file criminal charges against you, telling the landlord would be the more effective way to get you evicted.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: What does it mean if the case has been moved to plenary docket

Case was over eviction

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answered on Jun 29, 2023

When a case is moved to the plenary docket, it signifies that it is transitioning to the stage where a full trial or hearing on the merits will take place. In the context of an eviction case, it means that both parties will have the opportunity to present their respective arguments and evidence... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: Eviction of family member, no lease...?

[Indiana] - My brother-in-law wants to sell me a house that his ex-girlfriend and biological daughter reside in. There is no lease in place, nor formal rental agreement. If I purchase this house, can I ask the ex-girlfriend to leave or is there a formal "eviction" process that I need to do?

Peter J. Weinman
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answered on May 11, 2023

You can always ask, but you must commence a formal eviction if she chooses not to go. Evicting family is never easy, and courts (at least from my New York perspective) are sometimes sympathetic to tenants in these situations, so you should speak to an attorney to discuss your possible outcomes and... View More

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