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Indiana Contracts Questions & Answers
0 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: If someone is not on a lease but they live in your apartment do they have to give a 30 day notice to move out?

I have a roommate that has been here for over a year and he just told me he's moving out in a week. He is not on the lease but this is his billing address. Can he leave whenever he wants if he is not on a lease or does he have to give a propee notice?

1 Answer | Asked in Car Accidents, Civil Litigation, Contracts and Landlord - Tenant for Indiana on
Q: If a dumpater fire caught my car on fire rendering it a total loss do I have grounds to break my lease without fees?

The dumpster was housed in a wooden structure and my car was parked in a designated parking spot next to the structure.

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

You have a right to be paid the damage to your car. Your Apartment is habitable so why could you break your lease? Take a look at it--I'll bet under conditions that allow you to leave it's conditions making the apartment uninhapbitable, not a fire adjacent to your parking place.

1 Answer | Asked in Contracts and Business Law for Indiana on
Q: If a company doesn't have a LLC does it make a contract invalid
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Sep 2, 2017

Not all companies are LLCs. There are many different structures that a business can operate as. Simply not being a registered LLC does not make their contracts invalid.

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: If I bought a house on land contract am I able to get out of it?

We bought the house a little over a year ago and we hate it. An opportunity for a better house in a better town closer to family has presented itself and we can't pass it up. We paid 2500 down and about 650 a month, with around 500-550 of it going towards the principal. If we understand that... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Sep 2, 2017

Whether or not you'd be able to get out of the contract is going to depend on the terms of your contract. Without that, it is impossible to say. Consult with a real estate attorney in your area to review your contract.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: We bought a home on land contract registered at courthouse. Our contract expired. Can seller make us leave?

The seller now wants us to sign a new contract but wants it to be a lease to own with the option to buy. But wants us to keep paying thr same amount which includes property taxes and home owners insurance. We have never been late or missed a payment. We have been here for aprox. 8 years now.... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 17, 2017

This does not sound like a land contract at all. If you had a land contract at the end of the contract you should have received the title to the home and land, especially if as you say you never missed a payment or been late. If the land contract expired and you are still paying this person money... View More

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Indiana on
Q: My lease is up mid August and I am behind in rent. The landlord is trying to force me to pay double the rent amt. Legal?

Double rent and go month to month. She knows I cannot afford this. If I don't agree she still must honor my lease agreement and would have to evict right? I was trying to get to the point where I could buy the house, and did a TON of work with zero compensation when I moved in. What can I... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 11, 2017

It sounds like your landlord is attempting to avoid eviction with you by renegotiating your lease agreement, which is perfectly legal. You are under no obligation to agree to her new terms. If you do not agree to her new terms she must still honor your lease agreement have to evict you.... View More

1 Answer | Asked in Small Claims, Contracts and Lemon Law for Indiana on
Q: I sold a car on Craigslist, now the buyer says the transmission is bad, am I at risk of having to ray her for the repair

I sold the car on 3/4/2017. Now today 3/6/2017 she called me saying hat the transmission is going bad. She and a friend test drove the car before they bought it. We even took it to advanced auto because they wanted to see if any codes came up to see what was wrong with the car. We did that and only... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 9, 2017

There's nothing stopping her from suing you for the cost of the transmission or for fraud. The real question is whether or not she would be successful. Unless you made any guarantees, offered her a warranty or had knowledge of a material defect, which it does not sound like you did, the odds... View More

1 Answer | Asked in Contracts, Insurance Bad Faith and Car Accidents for Indiana on
Q: If I don't use the money the insurance company gave me to pay my chiropractor bill, what can they do, what could happen?

You

Hi I was in an auto accident in Ohio November 2016; had to receive chiropractic treatment until January. The insurance company just mailed the checks to me 2 weeks ago. We are going through a very tough time, as my fiancé is off work from being hurt at work ( a process currently being... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 29, 2017

Plan on paying the chiro. That's the person you are obligated to. Don't do it again.

2 Answers | Asked in Contracts, Foreclosure and Landlord - Tenant for Indiana on
Q: I am renting to own a property in Garrett IN and the tenet has repeatedly been late on making payments & is a month late

they have been repeatedly late on payments and now will not return calls how do I go about evicting and should I have anymore contact with them?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Feb 28, 2017

The best advice that can be given in this situation is that you should consult a local Indiana attorney to assist you and ensure that the matter is handled correctly.

In short, if your tenant is not paying his or her rent, you have every right to evict him or her. Indiana Code 32-31-1-6...
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1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Indiana on
Q: Q: Our soon to be ex son in law owes us a few thousand dollars and promised to pay us in oct 2016. He didn't,

He didn't, I contacted him through

Messages (have the proof he promised to pay us) and he still has not given us our money. Can I hold most of his tax refund for what he owes and write him a receipt of paid in full and give home what is left since I am the one doing his taxes?

Paul Stanko
Paul Stanko
answered on Jan 30, 2017

You have no right to take another person's tax refund. Consult an attorney and/or file a small claim, but do not seize another person's property (tax refund) without court order!

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: IC 32-31-3 Regarding return of security deposit. My lease ended 12/01/16 and I have not received refund. Is the time up?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 4, 2017

Yes. In Indiana, if there is a security deposit, the landlord must give an itemized list of deductions from the security deposit and return the security deposit minus the difference of any deductions within 45 days after the tenant has surrendered and vacated the property. You may have to resort to... View More

2 Answers | Asked in Health Care Law, Contracts, Elder Law and Personal Injury for Indiana on
Q: How do I cover myself from a lawsuit while providing in my home health care for my mother in law?
Paul Stanko
Paul Stanko
answered on Oct 1, 2016

If you are conducting a business in your home, talk to your insurance agent about getting a rider on your homeowners policy.

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1 Answer | Asked in Contracts for Indiana on
Q: Arbor homes had me sign a mutual release agreement and after I signed it they added 3k to it. Is that illegal?
Paul Stanko
Paul Stanko
answered on Sep 16, 2016

I hope you have a copy of the agreement that you signed. If a written agreement is altered after it is signed, and the parties do not ratify the changes, then those alterations are invalid.

1 Answer | Asked in Consumer Law, Collections, Contracts and Landlord - Tenant for Indiana on
Q: What are my rights in court?

I was sued by an apartment I moved out of 3 years ago. Apparently they had taken me to court and had a judgement entered against me. The court said they served me a notice which I never got. They said I owed them for damages. That debt was sold to a collection agency who is taking me to court based... View More

Paul Stanko
Paul Stanko
answered on Sep 13, 2016

You can demand validation of the debt from the collection agency, but since a judgment has been entered against you already, you need to consult with an attorney to contest the judgment itself.

1 Answer | Asked in Contracts and Employment Law for Indiana on
Q: Is it illegal to not give a employee a copy of their employement contract? Even upon request?
Paul Stanko
Paul Stanko
answered on Sep 17, 2016

Unless it is a coincidence, that you live in Indiana, PA but have a question concerning (State of) Indiana law, your question should have been asked of a Pennsylvania attorney.

1 Answer | Asked in Products Liability, Lemon Law, Small Claims and Contracts for Indiana on
Q: I got a riding lawn mower from a friend and was not posted as an as-is said it was ready to mow it wasn't do I have a c

Do I have a case since he posted this not as an as is said it had things fixed on it and was ready to mow.. he won't come fix or look at it and won't give me my money back. I have the post. Plus all our conversations..

Peter N. Munsing
Peter N. Munsing
answered on Aug 11, 2016

Yes if he said it was ready to mow. You can take him to small claims though if he is a friend might make sense to have a mower mechanic look at it and say what is wrong and give you an estimate of what it'll take to fix it.

2 Answers | Asked in Legal Malpractice and Contracts for Indiana on
Q: Do I need to sign a "consent to withdraw" after firing my attorney in Indiana?

I told him I did not want to work with him any longer after he was very unprofessional. He sent me a "consent to withdraw" form. It seems to indicate that he initiated the break in our working relationship.

Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2016

You can reword it to say "I knowingly and willingly consent to Mr. withdrawing as counsel in my case."

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1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Indiana on
Q: Being sued in small claims by a debt collector. Can I ask for copies of bills without resetting the clock?

I am not sure of the debt being disputed, and I'd like to know exactly what this company is trying to sue for. But I'm worried that if I call them and ask for copies of the bills, will that be considered acknowledging the debt, and allow them to reset the clock? Or is it just... View More

Paul Stanko
Paul Stanko
answered on Sep 17, 2016

Yes. Demand verification of the debt. DO NOT make any payments or offer to compromise the debt, because that could reset the clock.

2 Answers | Asked in Contracts for Indiana on
Q: I was looking at a boat. I wanted to show interest. I suggested $100; the business asked for $500. I wrote a check.

When I determined the boat required a great deal of repair, I was no longer interested in the boat. I asked for my check back. The business refuses to return the $500.

Adam Studnicki
Adam Studnicki
answered on Feb 4, 2016

Sounds like you changed your mind after completing the transaction. A local lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
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1 Answer | Asked in Contracts for Indiana on
Q: My brother bought a used car in Ohio and put a low price for the purchase price. He also sold a car and that buyer put

a really low price. NOw they have all rec'd letters from the BMV. Should he contact an attorney or what should he do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 14, 2015

I imagine the BMV is disputing the prices (so as to collect sales tax). What are they threatening to do? If they are threatening criminally fraudulent behavior, I would certainly recommend an attorney be consulted.

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