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Indiana Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Indiana on
Q: I have a tenant in Indiana who did not pay rent & texted he was abandoning the apartment. What are my next steps?

Is there a specific notice of abandonment I need to send and what are my steps for taking possession?

0 Answers | Asked in Landlord - Tenant for Indiana on
Q: Landlord moved my things and damaged them what do I do? I saw the damage last night d I Make a police report?

Was to be out by the 31st and was moving my things out past week. Showed up yesterday to find my things moved out to the garage used as a barn. Things were all stacked and the deep freezer lid has huge gouges dug into it.

0 Answers | Asked in Landlord - Tenant, Small Claims, Criminal Law and Civil Litigation for Indiana on
Q: Can you sue the landlord of your neighbors property for negligence of their tenets actions and behaviors?

The neighbors intimidate, stalk, have made death threats on video and have damaged personal property without being held accountable. There is no pressure as a nuisance house to evict the neighbors and no one will claim responsibility for there actions. The landlord has been privy to the actions of... View More

0 Answers | Asked in Landlord - Tenant for Indiana on
Q: I rent from a complex that charges a late fee of 100 after the 5th. The they ask you to sign a promise to pay on the 6tH

Is this legal to do. From my understanding nothing can be done until 30 days from the first or can they file eviction before 30 days. State of indiana

0 Answers | Asked in Landlord - Tenant for Indiana on
Q: My former landlord has not cashed rent checks dating back to 2018. Is there a statute of limitations?

We were making checks out to the estate of landlord's deceased mother. She had always been slow to cash but stopped altogether when the estate went into probate. Contacted probate lawyer to resolve but she kept canceling meetings. Moved out in 2019. Also, never returned deposit. This was in... 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

0 Answers | Asked in Landlord - Tenant for Indiana on
Q: I put deposit down and first month's rent but did not sign lease, then decided it wasn't right for me.

The lease was to be signed 10 days later, and I called 3 days after I handed over cash to say I did not want to proceed. It has been nearly two weeks and I still have not received the money back. They said they would refund in full. What are my options in Indiana?

0 Answers | Asked in Landlord - Tenant for Indiana on
Q: How do I sue my landlord?

I was evicted and when the sherrif showed up to lock me out I was in the process of moving items out and left behind furniture I couldn't fit. The day after my landlord had a roll out dumpster in front of my apartment filled with my belongings. My understanding is this is not legal and... View More

0 Answers | Asked in Landlord - Tenant for Indiana on
Q: How do I properly file a lawsuit against my low income housing company for YEARS of not fulfilling my maintenance needs?

So I’ve been in my low income apartment for almost 6yrs. I have almost 3yrs of incomplete work orders. I’ve put in the work orders, someone comes out to scout out the work but never come back to complete it. Due to the lack of work them put in I’ve contracted roaches and my son contracted... View More

0 Answers | Asked in Landlord - Tenant for Indiana on
Q: How do I properly file a lawsuit against my low income housing company for YEARS of not fulfilling my maintenance needs.

So I’ve been in my low income apartment for almost 6yrs. I have almost 3yrs of incomplete work orders. I’ve put in the work orders, someone comes out to scout out the work but never come back to complete it. Due to the lack of work them put in I’ve contracted roaches and my son contracted... View More

0 Answers | Asked in Landlord - Tenant for Indiana on
Q: How do I get the court to male my landlord refund me?

I was illegally evicted by my landlord who made false claims of unpaid rent. The judge entered the default judgement and I was issued a date to turn over possession and was in the process of moving my things out when the sherrif came and gave us 2 hours to be gone threatening trespass charges if... View More

0 Answers | Asked in Landlord - Tenant for Indiana on
Q: As a tenant moving out of a unit, do I have to replace a 9 year old appliance with brand new?

I am finally moving out of a unit I had been renting for 9 years, my kids damaged the fridge that was in the unit. I fully accepted that I need to replace with an equal fridge good condition. However, the property management is telling me I HAVE to replace it with brand new never used refrigerator... 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 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 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 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.

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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 Landlord - Tenant for Indiana on
Q: Can a Indiana landlord force me to do automatic payments?
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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 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 ,

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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

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