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Questions Answered by Alexander Florian Steciuch
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Indiana on
Q: Does a landlord have to give u a written eviction notice and does he have to give u 30 daya to get out?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 20, 2019

If your landlord seeks to evict you they will have to serve you the petition to the court. This is usually served by the local Sheriff and is affixed to the property or served personally.

The amount of time you remain in the property is entirely set by the court. There is no '30 days to get...
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1 Answer | Asked in Real Estate Law for Indiana on
Q: How long does a land lord have to give u for a eviction
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 20, 2019

A landlord can move for eviction as soon as you are in violation of the lease agreement. This can be for many reasons but the most common reason for a landlord to file for an eviction is due to late rent. In Indiana a landlord has to post a notice to quit premises or pay giving the renter 10 days... Read more »

1 Answer | Asked in Child Support for Indiana on
Q: Would my daughters biological father be able to get much visitation if I filed for child support ?

My daughters biological father has never been involved. He has never supported her, seen her 4 times in her 2 1/2 years, did not sign the birth certificate, I have video & picture evidence of him being involved with drugs, threatening me and my fiancé, refusing to give me an address to file with,... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 19, 2019

Child Support and Child Custody/Visitation are two separate issues. Just because a parent is ordered to pay child support does not necessarily mean that they will also be granted custody or visitation rights. All children are entitled to receive support from both of their parents. In regards to... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I notified landlord of water leak & water damage day I moved in. Deposit withheld for water damage. File in sml claims?

Water damage was never addressed. Landlord says after initial leak fixed, there must have been additional leaks not reported that contributed to water damage. Therefore, I was responsible for the water damage. I have a text I sent notifying them of the leak and water damage. Should that text be... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 19, 2019

No one here will be able to give you a yes or no answer as to whether or not a single piece of evidence is enough to win a case or obtain a judgment against another individual or entity. A lawyer can only give you their informed professional opinion on a case after reviewing all of the facts and... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I signed a lease for a year in Sept 2018..recd notice in June, middle of the month, rent is increasing for july. Is thi
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 17, 2019

The answer is it depends. The answer would usually be no but depending on the terms of your lease agreement your rate could increase from month to month or with proper notice.

1 Answer | Asked in Estate Planning and Elder Law for Indiana on
Q: One of the executor of my mothers estate is living in my mothers house for 2 months since her death. She won't leave.

We are trying to clean up the place for household auction and possibly rent the house. There are 2 executors with total if 4 heirs. We think she is hiding goods she wants or from someone that wants a certain item. This executor is homeless usually. Our lawyer is not helping us. What can we do?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 21, 2019

You should consult with another probate attorney to discuss your concerns if your current one is not listening or dismissing your concerns.

2 Answers | Asked in Civil Rights for Indiana on
Q: I was staying with a friend of my daughters, she and my daughter were in an argument and she kept my belongings

Can I take her to small claims court?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 21, 2019

Absolutely. You can either ask that your belongings be returned or you can sue for the value of the belongings.

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1 Answer | Asked in Federal Crimes for Indiana on
Q: I'm in Indiana. Is my attorney required to tell me if I'm a suspect in a criminal investigation? If I ask, that is?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 16, 2019

Hypothetically, yes, your attorney would have to inform you if you were a suspect in a criminal investigation. Your attorney represents you and has a duty to act in your best interest. How your attorney would know that you were a suspect though, short of being told by the investigating authority, I... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Indiana on
Q: Can a landlord still charge me a pet deposit for my pet who is an emotional support dog?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 16, 2019

An emotional support animal is not the same as a service animal. Indiana law recognizes that service animals are not pets and therefore are not subject to 'no pets rules' or 'pet deposits.' However, as previously stated, an emotional support animal is NOT a service animal and are therefore still... Read more »

2 Answers | Asked in Divorce for Indiana on
Q: How long do i have to wait after my divorce is final to remarry?

My divorce will be final in June. I want to know if i have to wait a certian peroid (30 days) before i can get remarried.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 16, 2019

Attorney Acosta is correct. Once you have a final divorce decree entered you are legally able to remarry.

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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I never signed a payment arrangement with my landlord can they evict me for non payment?

They are trying to evict me for non payment. I was given notice today. How long before it goes to court. I planned to move out July 1st one month before my 1 year lease ends.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 14, 2019

You do not need to have a signed, written and formal lease agreement to have a valid lease agreement. If you are paying your landlord for a rental property, you have a lease agreement.

If they are attempting to evict you you will receive notice of a time and date for the eviction hearing.

1 Answer | Asked in Estate Planning for Indiana on
Q: I am trying to file per se for my mothers estate. She did not have a will. Can we file without an attorney in Indiana?

My brother and I are the only heirs and the estate is solvent. We would both petition for Personal Representative. It is a simple estate and wanted unsupervised .

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 14, 2019

The answer is yes and no. In some counties you can file without an attorney. In others, they require that you are represented by an attorney, especially in an estate without a will. Check the local county probate rules where the deceased lived or contact the probate clerk in that county.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: What is the law for security deposits where there is no lease with a landlord who bought the property

If you had a lease with the former landlord that expired after the property was sold to a new landlord that you didn't sign a lease with. But the new landlord was given the security deposit that you had given the former landlord. But you stayed and just continued paying rent month to month without... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 14, 2019

If the new landlord took possession of your security deposit and continued to accept payment for rent, they effectively assumed responsibility for your lease agreement. If you are seeking the return of the security deposit they are most likely responsible for returning it minus any damages beyond... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Who is required to pay for the repainting of a residence when a tenant moves out?

We moved out of a duplex after living there for 2 years. During inspection our landlord mentioned that the unit needed a fresh coat of paint. Can they deduct this from our deposit or are they required to do this for new tenants at their own expense?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 14, 2019

Check your lease agreement. Usually repainting would fall on the duty of the landlord but duties and responsibilities can be delegated to the tenant if both parties agree on it.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Tenant has no power, hasnt paid rent, and arent staying at the property. Can I enter the house?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 14, 2019

Unless you have received notice from the tenant that they have abandoned the property or are surrendering it back to you, you still have to go through the eviction process to be safe. You do not want the tenant to come back later on saying you unlawfully evicted him.

2 Answers | Asked in Civil Litigation, Small Claims, Contracts and Civil Rights for Indiana on
Q: Is it required to to provide 24hr notice for showing or a courtesy if the agreement is expired and rent isn’t paid?

Rental agreement lapsed. Tenant was contacted 24 hr in advance via phone but the number was disconnected. Tenant claims we violated their rights. We called another resident 2 1/2hr prior and they agreed to let us in verbally.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 14, 2019

There is no set time for a 'reasonable' notice of time for access to the property, but it is generally understood to be 24 hours. These rights are still required even if the agreement is expired and rent isn't paid. Calling a disconnected number is not providing notice and getting another resident... Read more »

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2 Answers | Asked in Contracts, Family Law, Real Estate Law and Landlord - Tenant for Indiana on
Q: My abuser is living at my apartment and won't leave. He isn't on the lease so how can I get him out of there?

This is a domestic violence situation. My landlord wants to evict me because of the situation.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 14, 2019

File a police report for domestic abuse. Indiana law provides protections for abuse victims and protections from landlord retaliation in situations like this. File a police report, obtain a protective order and go from there. Look for free legal services if you cannot afford your own legal... Read more »

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1 Answer | Asked in Divorce for Indiana on
Q: Can I request that my ex spouse pays my legal fees?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 5, 2019

Yes, you may. Whether or not you have a legal basis for that request or whether or not the judge will grant it is another question.

1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on
Q: Reguarding a verbal agreement over renting a residence, will it hold in court?

My fiance had a verbal agreement w the new landowner to do maintenance work in order to pay our rent. He was supposed to be working for $18 HR and we have done our best to try and log his hours.He also keeps every text message and has a log of all calls.he had worked well over what it would take to... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 5, 2019

When it comes down to it, its your word against the landlord's. You need to show evidence of the agreement, whether that is a witness to the conversations or party to them. If you have any sort of evidence of the agreement in writing or communications, such as text messages or emails, you can use... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: As the wife can I be allowed to prohibit my deceased husband's children from funeral services?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 3, 2019

I am sorry for your loss. Assuming you are the individual in charge of the funeral services, yes, you may bar your husband's children from the funeral services. This is determined by either an appointment by law under Indiana statute or you are appointed through an estate planning document your... Read more »

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