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Questions Answered by Alexander Florian Steciuch
1 Answer | Asked in Landlord - Tenant for Indiana on
Q: LL gave us a 90 notice to vacate due to “unforeseen circumstances.” Is this legal? They stated that they are being

charged a penalty of $1000/month for us living here. Sounds like they have an issue with the mortgage company (maybe they weren’t allowed to rent the property) and haven’t offered anything more than return our deposit the day we vacate. We were supposed to be gone by today and have been unable... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 4, 2020

In Indiana, your landlord cannot remove you from the property without a court order in the form of an eviction. It sounds like your landlord might not actually be the owner of the property, but either a tenant themselves who is subleasing this property to you or they may not have been authorized to... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Is there any compensation due to the tenant when the landlord terminates the lease after 3 months into a 6 month lease?

The landlord sent a letter to me stating she was terminating the lease and that this letter served as her 30 day notice. I objected but she said she had the right to terminate the lease with the 30 day notice. I did tell her I would need some kind of compensation. She said no to that.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 4, 2020

There are a very narrow set of circumstances where a landlord could unilaterally terminate the lease, usually owing to destruction of the property due to a natural disaster or fire. If you had a six month lease though, then that is how long the landlord is liable to rent the property to you: six... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My tenants has moved someone in with out notification of any kind is this allowed and can i leagally raise their rent

This will be the 3rd time they have done this first two tumes they tried to brush it under the rug and did it again yesterday while i was outta town with out ant knowledge of mine

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 4, 2020

If your lease agreement does not allow for sub-tenants and the tenants are in violation of your lease agreement you can evict them for being in breach of the lease. It would be best to notify them first in writing that they are violating the terms of the lease agreement and give them their 10 day... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: I inherited my house from my grandfather 2 years ago. The house next to it belonged to my aunt and uncle.

Well over 30 years ago they gave some of their property to my grandfather who built a basketball court and volleyball court on. They have passed and the new owner says that the basketball court and volleyball court is on his property. Can I do anything about it? Located in Michigan City Indiana... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 4, 2020

If your aunt and uncle subdivided their property and gave that part of their property to your grandfather, for that to be legally binding it would have had to have been recorded with the La Porte County Recorder. If you have any record of this transfer being recorded you could reveal this to the... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: our Indpls, IN rental home tenants refuse to put utilities in their name, been 4 months, can we evict without court
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

There is no option to evict without a court order in Indiana. In Indiana you must obtain a court order to evict someone from the rental property.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: is it breach of lease in Indpls if tenants refuse to put utilities in their name? We've given them notice
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

If part of the lease agreement is that the tenants were to put the utilities in their name and are failing or refusing to do so then that is considered a breach of the lease.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a landlord enforce a rent increase without proper notice?

I live in section 8 housing and received a letter dated 2/20/2020 that states my rent has been increased from $204 to $509 effective 1/1/2020. My husband and I don't work any more than we did last year and aside from the alarming increase, is this even legal considering they're notifying... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

Consult with whomever handles your Section 8 housing. Rent increases and notification for rent increases are strictly controlled under Section 8 housing, with notification being required to be sent to both the tenant and the housing authority and approval has to be obtained by the housing authority... Read more »

1 Answer | Asked in Probate for Indiana on
Q: Been 6 mo's since sister(executor) filed probate of deceased father..has moved into father's mtg-free house-w/o consent

iaries. No word re: beneficiaries inheritance. Beneficiaries rights/options?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

Consult with a probate attorney in your area to investigate the matter and prod the executor to take action. If the house was to be sold or you were to inherit the house and the executor is not taking action, a probate attorney can assist you in forcing the executor to fulfill her duties.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Is a home that is being sold from a trust, sold "as-is" or is the trust responsible for repairs?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

A home being sold from a trust is no different from any other home that is being sold. The burden of who is paying for repairs is between the buyer and the seller and whatever they contract. If the seller agrees to take on the burden of repairs then the seller is obligated to fix the house before... Read more »

1 Answer | Asked in Uncategorized for Indiana on
Q: If my daughter evicts me from her home. How long do I have to move out.
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

If your daughter obtained an eviction order from the court against you the date and time you have to be out should be on the court order. If your daughter has not obtained an eviction order from the court against you and is merely telling you to leave, then when you have to leave is between you and... Read more »

2 Answers | Asked in Child Support for Indiana on
Q: Will child support take my taxes in Indiana
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

Indiana will intercept tax returns and apply them to outstanding child support obligations.

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1 Answer | Asked in Estate Planning for Indiana on
Q: Who do I need to contact if a relative dies without a will and had no lawyer?

My grandmother passed away with no will and no lawyer contact information. My father (her son) is still living and has taken things such as jewelry, her vehicle, bank and credit cards into his possession. With no will do these things automatically go to him?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 12, 2020

If your relative died with no will and you believe that a probate estate should be opened, you should contact a probate attorney in county where your relative lived to discuss setting up a probate estate.

Assets do not automatically past to surviving kin without probate or a probate...
Read more »

1 Answer | Asked in Estate Planning for Indiana on
Q: Do i have to file a will or power of attorney or declaration of trust in the state of indiana
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 12, 2020

In Indiana, if you are in possession of a person's will at the time of their death you have a duty to spread the will of record. Even if you are not probating the will (establishing an estate, appointing an executor, etc.) the will still needs to be entered into record.

You are under...
Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: Can we recupe money from a lay-a-way on a log home if the company has changed hands 3 times?

My husband and I have been paying on a log home lay-a-way for 15 years with the intention of retiring. Now due to health & monetary issues we cannot build the home. The representative has told us that we can only get a small portion of our money back. Is there anything we can do?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 12, 2020

Without a review of the agreement you have in writing with the company and a general lack of specific information on this problem, there's not much information that can be provided here. You should consult with a real estate attorney or an attorney familiar with land contracts to review your... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a land lord enter my apartments if I been evicted before the order to date to get out
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 12, 2020

Your landlord can enter your apartment with reasonable notice (usually 24 hours) for purposes of inspection, repairs, maintenance, etc., even if you have been evicted but not moved out yet. Your landlord may also enter your apartment for emergency repairs in order to prevent further damage or to... Read more »

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 out.'

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... 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.

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