Indiana Contracts Questions & Answers
Q: I reside in Indiana. If they raise rent and I inquire why, do they have to respond?
1 Answer
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Contracts, Real Estate Law and Landlord - Tenant
for
Indiana
on
Answered on Jan 10, 2019
Answered on Jan 10, 2019
Alexander Florian Steciuch's answer
Your landlord is not required to explain why he is raising rent. If you believe that the rent increase is too high this is something you can bring to his attention and attempt to negotiate him down.
Your landlord is not required to explain why he is raising rent. If you believe that the rent increase is too high this is something you can bring to his attention and attempt to negotiate him down.
Q: How do I collect on a $25,000 promissory note with a maturity date of December 31, 2018?
Stuart Gregory Steingraber's answer
Sue and get a judgment anyway. In CA, it is good for 10 years and can be renewed for 10 year multiples in the future. CO probably has a similar arrangement. Good luck and God bless.
Sue and get a judgment anyway. In CA, it is good for 10 years and can be renewed for 10 year multiples in the future. CO probably has a similar arrangement. Good luck and God bless.
Q: I purchased a home on land contract and the other party has passed away. Am I at risk of losing my home?
Alexander Florian Steciuch's answer
Just like when the mother passed away you continued to pay the son, so too should you be able to pay the estate of the son or whomever is specified in the land contract itself. You should absolutely continue to make payments but the question now is to whom. You should consult with an attorney in your area ASAP to review the land contract and advise you on your next steps.
Just like when the mother passed away you continued to pay the son, so too should you be able to pay the estate of the son or whomever is specified in the land contract itself. You should absolutely continue to make payments but the question now is to whom. You should consult with an attorney in your area ASAP to review the land contract and advise you on your next steps.
Q: Can i break my lease and not be sued if the landlord of my apartment doesnt fix anyhting?
Alexander Florian Steciuch's answer
Yes and no. If your landlord has failed to provide you with a safe and habitable living space and refuses to make repairs you need to give notice that they need to either fix the issues within a reasonable time or you will consider the lease agreement to be breached under a theory of constructive eviction.
This does not mean that you cannot be sued. It means that you have an argument in court when you do get sued as to why you should not have to pay any damages to the landlord for...
Yes and no. If your landlord has failed to provide you with a safe and habitable living space and refuses to make repairs you need to give notice that they need to either fix the issues within a reasonable time or you will consider the lease agreement to be breached under a theory of constructive eviction.
This does not mean that you cannot be sued. It means that you have an argument in court when you do get sued as to why you should not have to pay any damages to the landlord for...
Q: Is hard water damage from well water to a shower considered normal wear and tear?
1 Answer
| Asked
in
Consumer Law, Contracts and Civil Rights
for
Indiana
on
Answered on Sep 10, 2018
Answered on Sep 10, 2018
Alexander Florian Steciuch's answer
Wear and tear from regular use is near the exact definition of normal wear and tear. Things lose value over time, get damaged and have to be repaired or maintained. This is not deductible from a security deposit or attributable to the tenant. It is the cost of renting and having a family or person live in a house.
Stains on a carpet may be outside of normal wear and tear however, regardless of whether or not you have pets. Depending on the damage to the carpet that may fall outside of...
Wear and tear from regular use is near the exact definition of normal wear and tear. Things lose value over time, get damaged and have to be repaired or maintained. This is not deductible from a security deposit or attributable to the tenant. It is the cost of renting and having a family or person live in a house.
Stains on a carpet may be outside of normal wear and tear however, regardless of whether or not you have pets. Depending on the damage to the carpet that may fall outside of...
Q: My dad and I own a car together, he has a will but the car was purchased after he made his will. Do I stand to loose it
Alexander Florian Steciuch's answer
If you co-own the car together your interest in the car does not terminate at the time of your father's death. In fact, if you own the car jointly with rights of survivorship at the time of your father's death, his interest in the car will transfer outright to you.
If you co-own the car together your interest in the car does not terminate at the time of your father's death. In fact, if you own the car jointly with rights of survivorship at the time of your father's death, his interest in the car will transfer outright to you.
Q: Is there a law/policy In Indiana that allows an apartment company to not prorate rent?
Alexander Florian Steciuch's answer
There's no requirement that they do prorate the rent. You pay for what you agreed to. If you believe that the rent should be prorated, you have to negotiate that with the apartment company.
There's no requirement that they do prorate the rent. You pay for what you agreed to. If you believe that the rent should be prorated, you have to negotiate that with the apartment company.
Q: If a contract is updated is it invalid if the party doesn’t sign the new one? Only the old one was signed.
Alexander Florian Steciuch's answer
An update to a contract is a change of the terms of the agreement that has been made. If the terms of the agreement are to be changed then both parties need to agree to it. If one party attempts to unilaterally change the agreement they cannot expect to legally bind the other party to those changes. There may be some wiggle room according to the terms of the original agreement that allow for certain unilateral actions or discretion afforded to one party on certain terms, but attempting to force...
An update to a contract is a change of the terms of the agreement that has been made. If the terms of the agreement are to be changed then both parties need to agree to it. If one party attempts to unilaterally change the agreement they cannot expect to legally bind the other party to those changes. There may be some wiggle room according to the terms of the original agreement that allow for certain unilateral actions or discretion afforded to one party on certain terms, but attempting to force...
Q: LL gave us a 30 day notice to vacate. Then 10 days in gave us a 10 day notice. She refuses to take Rent!
Alexander Florian Steciuch's answer
You can only be evicted from your home with an order from the court. The notices to vacate are not legally enforceable. However, not accepting rent payments is more problematic. If the landlord is not accepting rent payments you should document your attempts and create some sort of record to show that you attempted to pay but payment was refused. The next step your landlord will likely take is to file for an eviction either due to lack of payment or some other breach of the lease agreement....
You can only be evicted from your home with an order from the court. The notices to vacate are not legally enforceable. However, not accepting rent payments is more problematic. If the landlord is not accepting rent payments you should document your attempts and create some sort of record to show that you attempted to pay but payment was refused. The next step your landlord will likely take is to file for an eviction either due to lack of payment or some other breach of the lease agreement....
Q: Can you sell a timeshare on contract? Can buyer handle maintenance fees while under contract?
Michael Hales' answer
Timeshare companies will allow the sale of the timeshare so long as it is paid in full. You execute a deed to effect the transfer on the public records AND you work with the timeshare company to effect the transfer on their records.
If the timeshare is not paid in full, the timeshare company may allow the transfer if the buyer has the appropriate credit worthiness and can assume the balance of the loan.
The best way to do this is by working directly with the timeshare company....
Timeshare companies will allow the sale of the timeshare so long as it is paid in full. You execute a deed to effect the transfer on the public records AND you work with the timeshare company to effect the transfer on their records.
If the timeshare is not paid in full, the timeshare company may allow the transfer if the buyer has the appropriate credit worthiness and can assume the balance of the loan.
The best way to do this is by working directly with the timeshare company....
Q: Been living in same house for 6 years, past 2 years have not been presented a lease agreement. Do I keep paying rent?
Alexander Florian Steciuch's answer
If you have not signed a new lease or officially renewed the lease by signing a new set of papers, that does not mean that you do not have a lease. Residential leases automatically renew for the original term and specifications of the contract if you continue paying in accordance with the lease agreement. So, if you were month to month, each month you pay you renew for another month. If you were year to year, if you continue to pay you are locked in for another year.
If you have not signed a new lease or officially renewed the lease by signing a new set of papers, that does not mean that you do not have a lease. Residential leases automatically renew for the original term and specifications of the contract if you continue paying in accordance with the lease agreement. So, if you were month to month, each month you pay you renew for another month. If you were year to year, if you continue to pay you are locked in for another year.
Q: I signed a new lease in May 2018. I now have a new job out of state. Can I break the lease?
Alexander Florian Steciuch's answer
Yes, you are obligated to fulfill the terms of your lease. It is a binding contract and you promised to live at the rented premises for the full duration of your lease. You are obligated to pay for all of those months that you agreed to live there for. It does not matter to them that you got a new job and have to move and it does not matter to the law.
What it sounds like to me from the way you describe the situation is that they are offering to release you from the terms of your lease...
Yes, you are obligated to fulfill the terms of your lease. It is a binding contract and you promised to live at the rented premises for the full duration of your lease. You are obligated to pay for all of those months that you agreed to live there for. It does not matter to them that you got a new job and have to move and it does not matter to the law.
What it sounds like to me from the way you describe the situation is that they are offering to release you from the terms of your lease...
Q: Lease says management covers water, sewer and trash addendum to lease says i cover those costs which is legally binding
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.
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.
Q: Is a landlord allowed to write a 350 day lease and charge you for 12 full months?
Alexander Florian Steciuch's answer
A landlord can lease a property for any amount of time, whether that be week to week, month to month, year to year or something in between. Your daughter did not agree for a sum of $10,920.00 for 12 months, she agreed for that price for 350 days. If your daughter wants the full 12 months she should negotiate for the full 12 months and not 350 days.
A landlord can lease a property for any amount of time, whether that be week to week, month to month, year to year or something in between. Your daughter did not agree for a sum of $10,920.00 for 12 months, she agreed for that price for 350 days. If your daughter wants the full 12 months she should negotiate for the full 12 months and not 350 days.
Q: Landlord changed contract of mfg home rent to own to mfg home 1 yr lease agreement. Am I now just renting or buying?
1 Answer
| Asked
in
Contracts, Landlord - Tenant and Consumer Law
for
Indiana
on
Answered on Mar 7, 2018
Answered on Mar 7, 2018
Alexander Florian Steciuch's answer
Your landlord cannot unilaterally change your lease or impose new terms on you without your consent. If your lease is for a set term you are no longer bound by the agreement to live at the mobile home when that term is up. However you also mentioned that you have a rent to own agreement in place. There may be additional terms in your lease that are relevant to this discussion that could substantially alter your agreement.
Your best course of action is to consult with a landlord/tenant...
Your landlord cannot unilaterally change your lease or impose new terms on you without your consent. If your lease is for a set term you are no longer bound by the agreement to live at the mobile home when that term is up. However you also mentioned that you have a rent to own agreement in place. There may be additional terms in your lease that are relevant to this discussion that could substantially alter your agreement.
Your best course of action is to consult with a landlord/tenant...
Q: landlord "traded" property with his brother in law and the new landlord is telling us we have to remove our livestock
1 Answer
| Asked
in
Agricultural Law, Civil Litigation, Contracts and Landlord - Tenant
for
Indiana
on
Answered on Feb 18, 2018
Answered on Feb 18, 2018
Q: My mom paid my bond with my money and she has passed I have the bond paper and death certificate and they won't release
1 Answer
| Asked
in
Contracts, Criminal Law, Arbitration / Mediation Law and Civil Rights
for
Indiana
on
Answered on Jan 3, 2018
Answered on Jan 3, 2018
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?
1 Answer
| Asked
in
Car Accidents, Civil Litigation, Contracts and Landlord - Tenant
for
Indiana
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
Peter Munsing's answer
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.
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.
Q: If I bought a house on land contract am I able to get out of it?
Alexander Florian Steciuch's answer
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.
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.
Q: If a company doesn't have a LLC does it make a contract invalid
Alexander Florian Steciuch's answer
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.
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.
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