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Indiana Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I paid rent in full from Aug. 2020 to May 2021. Can I get my money back for the remaining months I haven’t lived there?

I moved into this apartment with my fiancé in August of 2020. We were skeptical about moving here because we are college students and there were many things broken and wrong when we first moved in. We paid the landlord rent from August 2020 to May 2021. Our heater went out yesterday and there are... Read more »

Troy Tyson
Troy Tyson answered on Dec 3, 2020

You can file an action in small claims court for what is called "constructive eviction". If you are successful in your suit, you could be awarded legal fees and court costs, as well as be reimbursed for some of the rent and your security deposit.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can my landlord evicte me even thought im not behind in rent and I will be few weeks late this next month

He will be paid in same month but demand is on the 8th I have 10 day late period with $50 charge also he will not give me a written notice of coming to property

Troy Tyson
Troy Tyson answered on Dec 2, 2020

Late or non-payment of rent is a basis for eviction in Indiana. However, generally when a tenant is behind on their rent, a landlord is required to send a 10 day "notice to quit" to the tenant, outlining how much is owed, and giving them the opportunity to pay the full amount within the... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I’m not on the lease but have stayed here for a year and have utilities in my name can the tenant kick me out ?

I’ve Ben staying with my girl for a year and we recently broke up I’m not on the lease but she is and she’s now trying to make me get out threatening me with the police even tho I get my mail sent here and I pay for the electricity and other utilities everything in the house is mine like I... Read more »

Troy Tyson
Troy Tyson answered on Dec 2, 2020

It likely wouldn't be up to her, it would be up to the landlord. If you are not on the lease, have no right to stay there, and the landlord was unaware that you have been staying there, then the landlord can have you evicted.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How do I break a lease on a tenant who signed a two year lease. I need it to end at the one year.

Was having a roof replaced on the home, needed to go inside with the contractor. Went inside and I was appalled, it was disgusting. And there was a dog that I told her she was not allowed, which is definately NOT trained. I had been in the home on several occasions and it had never been like that... Read more »

Troy Tyson
Troy Tyson answered on Oct 29, 2020

You can seek to evict them for not taking care of the property. They likely have an obligation to do so either under your lease, or under I.C. 32-31-7-5. If they have failed to do so that could be grounds for eviction, and would allow you to terminate the lease early.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How often do landlords have to paint house in indiana?

How often do landlords have to paint house in indiana? We are in this house for 6 years now and they don't want to paint waste money of money as they said

Troy Tyson
Troy Tyson answered on Oct 29, 2020

There is no set time frame, but the landlord has a duty to keep the house in good condition. See I.C. 32-31-8-5. Hope that helps.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlord did not have a walkout checklist and is trying to orally price and claim damages on whathe thinks is ok

Due to covid, I lost my job and had to end my lease early. We agreed he would keep my first, last, and deposit along with another month of rent to claim my "30 days notice". He agreed if all that was done he would end the lease and invoice me for damages.

Upon the final walk... Read more »

Troy Tyson
Troy Tyson answered on Aug 3, 2020

You will likely need to show up to court at the damages hearing, and tell your side of the story to the judge. Be sure to come armed with any documentation that you have which will support your position.

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Indiana on
Q: My daughter, who has liver failure, has been staying with me for 1 1/2 mo. Now, her boyfriend is coming to stay.

He just got out of jail, and I don't know him from Adam. If things go terribly wrong and they get out of hand, how do I protect myself from them doing whatever they want here? My daughter stayed with me years ago and was physically abusive. When I went to throw her out- she told the cops she... Read more »

Troy Tyson
Troy Tyson answered on Jul 24, 2020

You may consider a protective order against the parties you are concerned about.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I be sued for not paying rent when landlord hasn't done repairs or replaced appliances?

4x finished basement (where master bedroom and bathroom are located) flooded and landlord didn't repair/replace drywall or flooring, I did. Told them it flooded and they didn't even offer to come clean up. I had to replace stove and fridge. Over year ago major plumbing leak and plumbers... Read more »

Troy Tyson
Troy Tyson answered on Jul 2, 2020

Yes, you can. Tenants in Indiana are required to pay regardless of whether or not the landlord is fulfilling obligations. What you can do, however, is sue the landlord for a breach of the lease agreement, and ask the court to award you back rent.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I was supposed to be Added to a lease but the rental property never sent me the paperwork can they kick me out

They were supposed to send me paperwork by email however they never did they took the time to meet my dog so they knew I was staying there as well as it had a pet but the money for my deposit on the dog and for adding me to the lease just sat untouched in the account my roommate and I are not... Read more »

Troy Tyson
Troy Tyson answered on Jun 19, 2020

If you have proof that they agreed to add you to the lease (e.g. e-mails stating this, or something along those lines) you may be able to prove in court that you had an agreement and should be able to stay.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My ex and I split up and we have two kids. What’s the process of being able to kick her out of my home?

The loan is only in my name, she’s lived here for 3 years

Troy Tyson
Troy Tyson answered on Jun 15, 2020

If she was your girlfriend (and not your wife), then in theory she has no right to stay there beyond your permission, and she must leave when you notify her. However, in practice, a court may find that because she has lived there for a long time and established a residence, she may be under a... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a landlord evict for calling them names, loud music, or your dog getting loose?

My kids left door open and dog has gotten loose multiple times. When landlord confronted my husband he cussed them out. They also said we play music too loud even though the sheriff said it wasnt too loud when he was called

Troy Tyson
Troy Tyson answered on Jun 4, 2020

This would largely depend on what is stated in your lease. It is possible that your lease could contain "nuisance" provisions, which would prohibit things like letting pets out, playing loud music, disturbing neighbors, etc. If so then it is possible your landlord could try to evict on... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I am breastfeeding, rent is paid on time, can I be evicted
Troy Tyson
Troy Tyson answered on May 21, 2020

As long as you are paying your rent on time and adhering to the other stipulations of the lease, I see no basis for eviction.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I paid $657.00 to my principle tenant to live there for 6 months and I moved out in two weeks. Can I get my money back?
Charles Candiano
Charles Candiano answered on May 7, 2020

This is confusing. A tenant pays rent to a landlord. If you are the tenant, the first question is whether you have a lease? If no lease, what proof do you have that a.) you paid $657 and b.) there was an agreement that this covered 6 months of rent. I am not aware of any place that someone can... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Tree branch fell on my boyfriends car, land lord won't do any thing about it because he said it was an act of God

it wasn't windy out or storming out and the car has been parked there for a while. How was it an act of God and not poor maintenance on the landlords part. We own our trailer but we pay lot rent. He has trees lined all along where everyone parks their cars.

Charles Candiano
Charles Candiano answered on May 7, 2020

This would be covered under the Comprehensive coverage on your auto policy which usually has a very low deductible.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Mobile home abandoned on my property. I don't have address for owner. I want to post letter on front of mobile home.

Want to put name and address. Description of mobile home. Year make and model. The mobile home was abandoned on certain date. And has been left on my property with out my permission.Have 60 days to remove from my property. I live in Indiana. If no response after the 60 days. Do I have to have an... Read more »

Paul Stanko
Paul Stanko answered on Apr 19, 2020

If a piece of personal property is abandoned on your real property, you can dispose of it as you please.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I offer my tenants a free month or reduced rent for a month due to COVID, will that put me at risk leagally somehow?

We are in a position to be generous during difficult times, but I don't want that to set a precedent that allowances would continually be offered or expected by tenants.

Paul Stanko
Paul Stanko answered on Apr 19, 2020

Nobody can force you to be charitable. Just put everything in writing, be specific, and have all parties sign.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Securities Law for Indiana on
Q: can my landloard record audio out side my front door with out my consent im in bluffton IN
Paul Stanko
Paul Stanko answered on Apr 19, 2020

Basically, a person can record anything that he or she was privileged to hear in the first place. If the landlord was in a place he was entitled to be, he can record whatever he was entitled to hear.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Tenant died and his daughter moved in and won’t leave. Claiming she can’t be evicted because of Covid-19.

My tenant died in the middle of a 12 month lease. I went to clean up the apartment and his daughter was there and stated that she’s taking over her father’s lease and she doesn’t have to leave. She went on to say that I can’t evict her due to the COVID-19 pandemic and because there’s an... Read more »

Paul Stanko
Paul Stanko answered on Apr 19, 2020

She is trespassing. You should contact the police and file criminal charges.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: Hi! Lease is up March 30th. New rental fell through. What are options if they will not rent monthly?

Tenant is pregnant and due at the same time lease is up. Hoped for apartment fell through. She is actively looking for new rental and very worried. What are her options if they refuse to rent her the apartment monthly until she finds a place? We do not want to take advantage of Them but moving... Read more »

Troy Tyson
Troy Tyson answered on Apr 8, 2020

You should do everything possible to work out a temporary arrangement with the current landlord. If that is not possible and you are forced to stay in the unit, that is known as "holding over," and the landlord will have to initiate eviction proceedings in order to have you removed.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: can i sue if i was sold an apartment with bedbugs

i have reasons to believe that i was sold an apartment with bedbugs. i was told by pest control (witch i payed for) that when you see black spots in the corner of the ceiling you might have bed bugs. go back a year when i got the apartment ive taken and sent pictures of black spots before i moved... Read more »

Troy Tyson
Troy Tyson answered on Apr 3, 2020

A landlord has an obligation to provide you, as the tenant, with a safe, clean, habitable home. If they fail to do that, you can bring an action against them to terminate the lease and seek damages. Whether or not you can build a case from the facts you've given is a separate issue, and it is... Read more »

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