Questions Answered by Alexander Florian Steciuch

Q: our landlord sent all tenants in our building an eviction notice, they gave us 40 days is this legal

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Mar 20, 2019
Alexander Florian Steciuch's answer
In order to be evicted you have to have a court order stating you are being evicted by a certain date and time. In order for the landlord to obtain such an order you have to be served and appear in court for an eviction hearing. What you may have is a notice to quit premises or a notice that the owner intends on demolishing the building. If you are being evicted there will be an eviction notice as part of a complaint with a cause number with the name of the court and the time and date the...

Q: I'm no longer under a lease, I pay weekly payments. How much a notice is required by law before moving

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Mar 19, 2019
Alexander Florian Steciuch's answer
The legally required standard for notice to terminate the rental agreement, if there is no lease, is one period of occupancy or payment period. If you were month to month, this means you need to give one month's notice you will not be renewing the lease. If you are going week to week, that means that you only need to give a week's notice. The answer here will depend on whether or not you are month to month or week to week, as paying weekly is not the same as having a week to week lease....

Q: Rescued a dog w/out tags or a microchip. What documents can I request from someone claiming it's theirs to prove owners

1 Answer | Asked in Animal / Dog Law for Indiana on
Answered on Mar 19, 2019
Alexander Florian Steciuch's answer
It's not unreasonable to request records of ownership, like vet records or vaccination schedules, from an owner when you have found a lost dog. Just be aware that if that is indeed the true owner and you're withholding their property, the dog, you could have negative legal consequences if you continue to hold onto the dog against the true owner's wishes. The true owner of the dog will always have the strongest claim to possession of the animal.

Q: Do I need a guardianship if I have a general POA to be able handle issues with social security?

1 Answer | Asked in Family Law for Indiana on
Answered on Mar 13, 2019
Alexander Florian Steciuch's answer
You should be able to handle issues pertaining to Social Security for the principal of the POA. That said, many POAs are limited in scope while others explicitly spell out what powers are granted to the POA agent. You should review the POA to see if it authorizes you to speak to the SSA.

Q: Tenant had power and heat shut off. Legally does he have to leave do to this. He has also stopped paying rent.

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Mar 13, 2019
Alexander Florian Steciuch's answer
If your tenant has stopped paying rent and the utilities, you need to obtain an eviction in order to reclaim the property.

Q: I live in an apartment and have these brown stains on my ceiling that keep getting bigger and showing up in other places

2 Answers | Asked in Uncategorized for Indiana on
Answered on Mar 13, 2019
Alexander Florian Steciuch's answer
You need to inform your management company, landlord, or whomever is in charge that there could be a water leak in your ceiling AS SOON AS POSSIBLE.

Q: Need to find out about contesting a will

1 Answer | Asked in Family Law for Indiana on
Answered on Mar 13, 2019
Alexander Florian Steciuch's answer
If you are looking to contest a will you should look for a local probate attorney to set up a consultation. You can use this website to find one.

Q: I have a court ordered judgement against me to pay $3000 for an eviction. I am now having to file for bankruptcy.

2 Answers | Asked in Bankruptcy for Indiana on
Answered on Mar 13, 2019
Alexander Florian Steciuch's answer
Yes. Failure to disclose all of your debts can have negative results for your bankruptcy.

Q: my old roommate has been using my payroll card for months...

1 Answer | Asked in Criminal Law, Identity Theft, Small Claims and Employment Law for Indiana on
Answered on Feb 26, 2019
Alexander Florian Steciuch's answer
What's the question? Report him to the police, freeze your credit if you are afraid that a loan has been taken out in your name or other accounts established and look into filing a claim against him for any damages you have incurred.

Q: Can you file for child support in any county? Or only the county you reside in?

1 Answer | Asked in Child Custody and Child Support for Indiana on
Answered on Feb 26, 2019
Alexander Florian Steciuch's answer
Child support is a statewide system, so it doesn't matter if one parent does not reside in your county. You should be filing in the county you reside in to establish child support.

Q: We reside in the state of Indiana and have a 1year signed lease with landlord the landlord has told me she’s serving us

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Feb 25, 2019
Alexander Florian Steciuch's answer
You should consult with a landlord tenant attorney in your area ASAP. In Indiana, your landlord must file for an eviction in order to remove you from the home. If your landlord is threatening to sue for additional damages, it is worth the money to have an attorney represent you and handle the matter.

Q: How long do you have to give a squatter before you get them out of your home

2 Answers | Asked in Real Estate Law for Indiana on
Answered on Feb 25, 2019
Alexander Florian Steciuch's answer
If your niece is living in your home for as long as you are saying you will have to file at your local courthouse to evict her.

Q: My Mother passed leaving my Sister executive of her will; however, my Sister passed recently. Now what must be done?

1 Answer | Asked in Family Law for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
If the named executor or personal representative is unable or unwilling to serve, you should consult the will to see if there are any alternate ones named. If there are not, an heir or family member can open the probate estate and petition the court to appoint an executor or personal representative. Usually this will be a bank or another local attorney.

Q: My tenant went to jail and will be there for awhile. Before he went I gave notice that I wasn't renewing the lease.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
Once they have vacated the property you have 45 days to give them an itemized invoice for any damages they have caused or bills owed otherwise they are entitled to the security deposit to be returned. You need to follow the letter of the law or it could come back to harm you in the future.

As for the holdover tenants, you may still need to evict whomever is left over.

Furthermore, holdover tenants still need to pay rent. They don't excused for paying rent just because there is...

Q: In IN, with no will who will my husbands assets go to with one adult child from 1st marriage and two children with me.

1 Answer | Asked in Estate Planning and Family Law for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
First off, you should consult with a probate or estate planning attorney in your area for legal advice. These situations should always be thoroughly reviewed by a probate or estate planning attorney, otherwise costly mistakes can be made.

Second, if your husband passes away without a will, he will be treated as having passed intestate. This means that his assets will be distributed according to Indiana laws rather than his wishes if he had had a will. Any assets that you own jointly...

Q: My son lives with me and bought a dog. Can he sue me if I get rid of the dog

1 Answer | Asked in Animal / Dog Law for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
Yes, he can. It is not your dog. If you believe that the dog is being abused or neglected you can report him to the appropriate local or county authorities and they can remove the dog.

Q: My lease with my roommate is almost up. If my roommate refuses to leave after I resign the lease by myself what do I do?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
If your roommate is not paying the rent you should have worked with your landlord to evict him. If you are resigning solely in your name and your roommate is still there in the future you should evict him and as part of that sue him for his share of the utilities. You should not let it go on this long though. Four months is too long.

Q: If pipes freeze in apartment am I responsible for repairs?

1 Answer | Asked in Consumer Law for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
Usually landlords are responsible for repairs required to the rental premises. However, in a case like this where the damage is caused solely by the tenant's negligence, you are most likely responsible for the cost of the repairs.

It is not going to matter that it was warm when you left. Indiana gets cold in the winter. Temperatures fluctuate and dip. The landlord has no control of the temperature once the rental premises is occupied.

Q: Can I get child support eliminated?

1 Answer | Asked in Child Support for Indiana on
Answered on Jan 24, 2019
Alexander Florian Steciuch's answer
You have two questions here.

Can you get child support eliminated? Only in certain situations. At age 18 if the child has not attended school in 3 months or not enrolled in school for 6 months or at age 19 which is the legal age of emancipation of child support in Indiana. Child support obligations can also be terminated if the children are adopted and your parental rights are terminated.

If you think you should be paying less because she is better off, you can petition the...

Q: I woke at a daycare and we have 2 parents that are in disagreement. I was wondering who has legal rights to pick up.

1 Answer | Asked in Child Custody for Indiana on
Answered on Jan 24, 2019
Alexander Florian Steciuch's answer
This is not your fight to resolve. If you have two parents who are both legally allowed to pick up the child and there is a court order stating that, you follow the court order.

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