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Indiana Contracts Questions & Answers

1 Answer | Asked in Civil Litigation and Contracts for Indiana on

Q: We signed a contract on June 14th for a house. They want to violate the contract and move back in now.

We have paid 500 of the contract. With another 300 that was also in the contract for a dump truck. We plan on paying 700 on Friday. We have been working on the house and now they are trying to move back in the contract is not even 2 weeks old all delays have been because of them. We got the power... Read more »

Bruce Alexander Minnick answered on Jun 26, 2019

You have several serious problems staring at you. Suggest yo hire a lawyer to help you.

1 Answer | Asked in Contracts for Indiana on

Q: Hi I have a question about speed leasing for Harley Davidson motorcycles?

Long story short I thought I was getting a loan turned out to be a speed lease I need to know if I let this Harley go back since it’s not a loan just a lease can they sue me? I was lied to by the dealership and the lease people said I could buy out of it for 12000 when I only paid 11000 to start... Read more »

Bruce Alexander Minnick answered on May 29, 2019

You will need to hire an Indiana lawyer to review the contract and see if anything can be done to allow you to get out of the contract.

2 Answers | Asked in Civil Litigation, Small Claims, Contracts and Civil Rights for Indiana on

Q: Is it required to to provide 24hr notice for showing or a courtesy if the agreement is expired and rent isn’t paid?

Rental agreement lapsed. Tenant was contacted 24 hr in advance via phone but the number was disconnected. Tenant claims we violated their rights. We called another resident 2 1/2hr prior and they agreed to let us in verbally.

Bruce Alexander Minnick answered on May 9, 2019

The tenant has more leagal rights than you have given them. Hire a lawyer and fix the problem before it worsens.

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1 Answer | Asked in Contracts and Real Estate Law for Indiana on

Q: The agency asked for a 1-y renewal 9m ahead. Can I cancel the contract, 2.5m ahead of the new lease starting date

I have been a tenant for 2 years in this house. I was not planning to buy a house soon, so I agreed to renew my lease when the agency asked for signing a renewal in Nov 2018. Meanwhile, an opportunity arose to buy a house and I promptly gave notice to the agency that I was planning to leave by July... Read more »

Bruce Alexander Minnick answered on May 8, 2019

If the new lease you signed in November does not start until July 25, signing the release agreement NOW will give the landlord almost 3 months to find a new tenant. The case law requires all landlords to make a reasonable effort to locate a new tenant in order to "mitigate" their "losses." If they... Read more »

2 Answers | Asked in Contracts, Family Law, Real Estate Law and Landlord - Tenant for Indiana on

Q: My abuser is living at my apartment and won't leave. He isn't on the lease so how can I get him out of there?

This is a domestic violence situation. My landlord wants to evict me because of the situation.

Bruce Alexander Minnick answered on May 7, 2019

Wait until he goes out for something he needs and then change the locks.

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1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on

Q: Reguarding a verbal agreement over renting a residence, will it hold in court?

My fiance had a verbal agreement w the new landowner to do maintenance work in order to pay our rent. He was supposed to be working for $18 HR and we have done our best to try and log his hours.He also keeps every text message and has a log of all calls.he had worked well over what it would take to... Read more »

Alexander Florian Steciuch answered on May 5, 2019

When it comes down to it, its your word against the landlord's. You need to show evidence of the agreement, whether that is a witness to the conversations or party to them. If you have any sort of evidence of the agreement in writing or communications, such as text messages or emails, you can use... Read more »

1 Answer | Asked in Contracts for Indiana on

Q: Which is more binding- a rental lease, or Indiana law?

Our lease states that if a tenant vacates the premises before the lease is up, the Lessor can relet the apartment to a new tenant, but the original tenant is still obligated to pay the remainder of their lease term as well. Doesn't Indiana law say otherwise?

Alexander Florian Steciuch answered on Apr 30, 2019

Indiana law will always trump conflicting terms in a rental agreement. However, certain requirements dictated by Indiana law are able to be waived assuming both parties agree. Others are not.

If a tenant vacates the premises prematurely and the lessor signs the apartment to a new tenant,...
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1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Indiana on

Q: Was living in the house rent free so people wouldn't destroy it house was sold without my knowledge

Buyer asked me move right away how much time does he have to give me

Bruce Alexander Minnick answered on Apr 9, 2019

Whatever "free rent" agreement you had with the seller disappeared the instant the buyer acquired the house. So as far as the buyer is concerned you have no legal right to remain in the house; this also means the new owner has no obligation to give you any time to get out. Your best bet is to be... Read more »

1 Answer | Asked in Contracts for Indiana on

Q: My LL, a church, is trying to end my lease early can they do this?

I have a lease which ends Nov. 2019. The church came to me a few weeks ago and informed me they need the home back for their new minister who is coming in. They want us to leave in 60 days. Can they make us leave? I don't mind moving if I can find a place that is suitable and will allow my dogs... Read more »

Bruce Alexander Minnick answered on Apr 4, 2019

Without have read the written lease, it sounds like you are in a pretty good legal position to negotiate a deal that includes leaving the church property before November 2019. Perhaps you could agree to leave early in return for them buying you out of the remaining months? That wy you can used the... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on

Q: I reside in Indiana. If they raise rent and I inquire why, do they have to respond?

My landlord raises my rent each year (within the legalities of the lease). His reasonings are due to a rise in operating costs. I asked him to explain what these operating costs are in detail before I agree to signing a new lease (3 months from now). Is he required to inform me why my rent is... Read more »

Alexander Florian Steciuch answered on Jan 10, 2019

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.

1 Answer | Asked in Collections and Contracts for Indiana on

Q: How do I collect on a $25,000 promissory note with a maturity date of December 31, 2018?

The individual that signed the promissory note is currently unemployed and is unable to work at this time as he has suffered an injury while on the job. It seems that he does not have any other assets that I can put a lien on at this time.

Stuart Gregory Steingraber answered on Dec 12, 2018

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.

1 Answer | Asked in Contracts for Indiana on

Q: I purchased a home on land contract and the other party has passed away. Am I at risk of losing my home?

We went through a title company and everything was recorded with the city. The contract states that if the lady I bought it from passed away I would continue to pay her son. However, he has passed away also. They lived in Florida and no one has contacted me. I don't know what I'm supposed to do.... Read more »

Alexander Florian Steciuch answered on Nov 28, 2018

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... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on

Q: Can i break my lease and not be sued if the landlord of my apartment doesnt fix anyhting?

I have 2 broken windows a leaking bathroom ceiling and no air for 3 months now

Alexander Florian Steciuch answered on Sep 10, 2018

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... Read more »

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Indiana on

Q: Is hard water damage from well water to a shower considered normal wear and tear?

We lived there for 3 years and we’re on a well that supplied water to both units of a double. The water softener was hooked up in the adjacent unit but ran to ours as well. He wants me to pay to have it cleaned. Also he is saying I have to pay for new carpet because of stains, we didn’t have... Read more »

Alexander Florian Steciuch answered on Sep 10, 2018

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... Read more »

1 Answer | Asked in Contracts for Indiana on

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 answered on Aug 23, 2018

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.

1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on

Q: Is there a law/policy In Indiana that allows an apartment company to not prorate rent?

I moved into my apartment on the 17th of August and my apartment did not prorate the rent. When I asked about why they are not, they said that this is common policy with many apartments in Indiana. However, in my experience, rent is always prorated. Why should I pay for days (in this case 16) that... Read more »

Alexander Florian Steciuch answered on Aug 23, 2018

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.

1 Answer | Asked in Contracts for Indiana on

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 answered on Jul 30, 2018

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... Read more »

1 Answer | Asked in Contracts and Small Claims for Indiana on

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!

Lease states We pay by the 3rd or late fee is added until the 15th. She gave us the 30 day on the 7th and refused to take money on the 12th.

Alexander Florian Steciuch answered on Jul 24, 2018

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... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Indiana on

Q: Can you sell a timeshare on contract? Can buyer handle maintenance fees while under contract?

Seller in Indiana, Buyer in Kentucky, property in South Carolina.

Michael Hales answered on Jul 19, 2018

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...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Indiana on

Q: Been living in same house for 6 years, past 2 years have not been presented a lease agreement. Do I keep paying rent?

Or do I just leave if an opportunity arise? All appliances are over 20 years old. Minus stove. Haven't provided much of any maintenance assistance. We installed 1000 dollars worth of new flooring and were reimbursed half?

Alexander Florian Steciuch answered on Jul 3, 2018

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... Read more »

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