Indiana Questions & Answers

Q: Can a landlord require notice and early termination fee in Indiana?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Jun 18, 2018
Salim U. Shaikh's answer
You already paid a Rent in lieu of notice. Additional 60 days or two months rent that LL demand is totally illegal and need not to be paid even if the house remained vacant.

You may also claim refund of advance rent that you already paid in case LL rented out during notice period of which rent LL received in advance. Pls consult Attorney of your local jurisdiction for refund of advance rent through Small Claims Court along with damages and court expenses.
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Q: I filed for bankruptcy and just got a job offer for work that pays more than I make now. It won't be enough to alleviate

2 Answers | Asked in Bankruptcy for Indiana on
Answered on Jun 18, 2018
Stuart Nachbar's answer
If you filed a chapter 7, then no worries as it looks at income at the time you filed. If a chapter 13, talk to your attorney due to plan payments
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Q: My fiance wants to visit me here on a tourist visa from Philippines.

1 Answer | Asked in Immigration Law for Indiana on
Answered on Jun 16, 2018
Carl Shusterman's answer
My wife is a Filipina and she never went through a processing agent to apply for a visa.

Carl Shusterman

www.shusterman.com
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Q: If I have a signed letter stating the farther of my daughter signs his rights away and it’s notarized is that enough

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Jun 14, 2018
Alexander Florian Steciuch's answer
No, this is not enough. A father cannot terminate his obligations to his children by signing a piece of paper and having it notarized. A court order is required to terminate parental rights. A person cannot unilaterally without court involvement terminate parental rights.
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Q: Can we hold a company to honor a contract it the salesman who wrote the contract is gone ?

1 Answer | Asked in Business Law for Indiana on
Answered on Jun 14, 2018
Alexander Florian Steciuch's answer
Yes. If you entered into a contract with a salesman who was employed or representing the business at the time you entered into the contract, the salesman can bind the company he or she represented at the time.

There may be other considerations, but a company cannot get out of a contract because the employee or person who worked for them and agreed to the contract is no longer there.
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Q: Is a 30 day notice required to move out because it is medically necessary?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Jun 14, 2018
Salim U. Shaikh's answer
It's a question of humane consideration, the legal aspect / consideration is that you have to give a 30 days notice prior to move out.
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Q: We're can I get free legal advice my number 3175867201.my name Corey kirlin.my email kirlin187@gmail.com

1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Answered on Jun 13, 2018
Andrew Bennett's answer
It depends on the type of case, however, you should contact the local county bar association to see if there is a service. Also you can google to see if there is a legal aid society near you that may be able to help.
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Q: Should I leave the US if I want to return to my F1 status?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Jun 12, 2018
Carl Shusterman's answer
This is a subject you want to discuss with the Designated Student Official (DSO) at your new university.

DSOs can answer your questions and guide you through the process of studying in the United States.
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Q: can a landlord evict without a court order in indiana?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Jun 11, 2018
Alexander Florian Steciuch's answer
No. An eviction is a court order. Your landlord must file for an eviction at the courthouse. You will be served with a complaint that will direct you to appear at the courthouse at a specified date and time. It is only after that hearing will a judge issue an eviction order.
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Q: Lease says management covers water, sewer and trash addendum to lease says i cover those costs which is legally binding

1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on
Answered on Jun 11, 2018
Alexander Florian Steciuch's answer
If your original lease states that management covers those utilities but you sign an addendum at a later date, the addendum governs. You have agreed to new terms that overwrite the original terms.
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Q: My Landlord is going to file emergency eviction on us. I am not behind on rent. I have severe medical problems

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Jun 11, 2018
Alexander Florian Steciuch's answer
An emergency eviction is only allowed in severe cases, cases that usually involve the destruction of the property, criminal activity or threat of destruction of the property. Even if your landlord files for an emergency eviction he or she must still provide evidence for the basis of such an eviction. Merely filing does not mean that an eviction will be granted.

Consult with a local landlord/tenant attorney in your area for legal advice and representation.
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Q: Need help figuring out 401k distribution options ( separated from work age 55)?

1 Answer | Asked in Tax Law and Public Benefits for Indiana on
Answered on Jun 9, 2018
Eric Steven Day's answer
It just depends on what type of work you are doing now. For instance, if you are working for another company, you might roll it into their 401k plan. If you are in retirement, the IRA might be a good option because you are just waiting on distributions. If you are running your own business, you may consider starting a management company in the form of a C Corporation and sponsoring a solo 401k with that Corporation. This will allow you to contribute much more money and use the capital in...
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Q: Can you get a DUI on a scooter?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Jun 8, 2018
Andrew Bennett's answer
If its a motorized scooter so as to qualify as a motor vehicle then yes you can get a DUI on a scooter. Others have been charged with DUI on a lawnmower.
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Q: If my friend fills out an I-485 does that mean she can't ever get a green card?

1 Answer | Asked in Immigration Law for Indiana on
Answered on Jun 5, 2018
Carl Shusterman's answer
An I-485 Application for Adjustment of Status is an application for a green card.
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Q: How long does it take to get a warrant issued if I violate my home detention? I only have 12 days left. Marion county in

1 Answer | Asked in Criminal Law for Indiana on
Answered on Jun 5, 2018
Andrew Bennett's answer
Even if it takes longer than 12 days to file the revo for violating home detention and your end date has come and gone, you can still be violated. The time will toll as of when the violation was alleged to have occurred so you will still be considered on HD and can have jail imposed for the violation.
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Q: My husband died, he was listed on the mortgage, he left the property to me in a will, how do I transfer the property?

1 Answer | Asked in Estate Planning for Indiana on
Answered on Jun 5, 2018
Ben F Meek III's answer
It depends on how the property is titled. If you and your husband are reflected on the Deed as "Joint Tenants With Right of Survivorship" you are now the sole owner and an affidavit of termination of Joint tenancy (or your state's equivalent) is probably all that is needed. If your husband was the sole owner (or if the two of you were Co-tenants or Tenants-in-Common), you'll probably have to begin probate proceedings to pass the property's title to you. (You''ll have to figure out how to...
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Q: is it discrimination to refuse to sell a health product to a disabled person

1 Answer | Asked in Civil Rights and Libel & Slander for Indiana on
Answered on Jun 2, 2018
Gary Kollin's answer
I am wondering how the cashier would have known the condition is related to your son's disabilityso you can establish discrimination.

Sounds like the manager just wants to get rid of the whole thing and resolve in nominally

Is your son a good witness for a suit and is there any real damages other than nominal?
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Q: What's the policy for driving with an expired drivers license in Indiana?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Jun 2, 2018
Andrew Bennett's answer
It will depend on the court and the prosecutor
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Q: I am in Indiana and I was in the back seat of the car and my friend had a gram of weed on him and I did not know he did.

1 Answer | Asked in Criminal Law for Indiana on
Answered on Jun 1, 2018
Andrew Bennett's answer
The letter is likely a summons to appear in court for a criminal charge which could have jail possibilities. You should consult with a local attorney to see what your options are with the case.
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Q: can you be charged with dealing from giving someone a ride to meet someone and they did a deal not knowing

1 Answer | Asked in Criminal Law for Indiana on
Answered on May 31, 2018
Andrew Bennett's answer
If they believe that you assisted by giving a ride then yes you can be charged, but the State will still have to prove beyond a reasonable doubt that you knew what was going on. The State will have to prove that you knew you were driving the person to the location to make a deal.
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