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Indiana Contracts Questions & Answers
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
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
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
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
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
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
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
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
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
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
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
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
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 »

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: I signed a new lease in May 2018. I now have a new job out of state. Can I break the lease?

I have a new job out of state with a start date less than 30 days. I have the offer letter, the leasing office didn't want it and said I have to pay 3 months rent. Is this true/legal?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 21, 2018

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... Read more »

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: Can we hold a company to honor a contract it the salesman who wrote the contract is gone ?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 14, 2018

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...
Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on
Q: Lease says management covers water, sewer and trash addendum to lease says i cover those costs which is legally binding
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 11, 2018

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.

1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on
Q: Is a landlord allowed to write a 350 day lease and charge you for 12 full months?

My daughter signed this lease and it is for the total sum of $10920 due in monthly installments of $910. How are they able to have her pay for 12 months when she has to be out at 11.5 months(350 days)?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Apr 25, 2018

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... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Consumer Law for Indiana on
Q: Landlord changed contract of mfg home rent to own to mfg home 1 yr lease agreement. Am I now just renting or buying?

2015 I signed a contract to rent to own my mobile home. 2016 I didnt receive anything from the landlord. 2017 I received a manufactured home lease agreement. Landlord will not return calls of any kind. I don't know if I'm just renting or if I'm still buying. My new job is 45 minutes away & I would... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 7, 2018

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.... Read more »

1 Answer | Asked in Agricultural Law, Civil Litigation, Contracts and Landlord - Tenant for Indiana on
Q: landlord "traded" property with his brother in law and the new landlord is telling us we have to remove our livestock

Do we have any recourse to prevent or save our farm? We've never been late on our rent or caused damages

No written contract, all verbal

Former ll "manages" the property

Alexander I. Passo
Alexander I. Passo answered on Feb 18, 2018

Is there a written agreement between you and the prior landlord?

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.

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