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Indiana Landlord - Tenant Questions & Answers

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

Q: Does a landlord have to give u a written eviction notice and does he have to give u 30 daya to get out?

Alexander Florian Steciuch answered on Jun 20, 2019

If your landlord seeks to evict you they will have to serve you the petition to the court. This is usually served by the local Sheriff and is affixed to the property or served personally.

The amount of time you remain in the property is entirely set by the court. There is no '30 days to get...
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1 Answer | Asked in Landlord - Tenant for Indiana on

Q: I notified landlord of water leak & water damage day I moved in. Deposit withheld for water damage. File in sml claims?

Water damage was never addressed. Landlord says after initial leak fixed, there must have been additional leaks not reported that contributed to water damage. Therefore, I was responsible for the water damage. I have a text I sent notifying them of the leak and water damage. Should that text be... Read more »

Alexander Florian Steciuch answered on Jun 19, 2019

No one here will be able to give you a yes or no answer as to whether or not a single piece of evidence is enough to win a case or obtain a judgment against another individual or entity. A lawyer can only give you their informed professional opinion on a case after reviewing all of the facts and... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on

Q: I signed a lease for a year in Sept 2018..recd notice in June, middle of the month, rent is increasing for july. Is thi

Alexander Florian Steciuch answered on Jun 17, 2019

The answer is it depends. The answer would usually be no but depending on the terms of your lease agreement your rate could increase from month to month or with proper notice.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Indiana on

Q: Can a landlord still charge me a pet deposit for my pet who is an emotional support dog?

Alexander Florian Steciuch answered on May 16, 2019

An emotional support animal is not the same as a service animal. Indiana law recognizes that service animals are not pets and therefore are not subject to 'no pets rules' or 'pet deposits.' However, as previously stated, an emotional support animal is NOT a service animal and are therefore still... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on

Q: If I never signed a payment arrangement with my landlord can they evict me for non payment?

They are trying to evict me for non payment. I was given notice today. How long before it goes to court. I planned to move out July 1st one month before my 1 year lease ends.

Alexander Florian Steciuch answered on May 14, 2019

You do not need to have a signed, written and formal lease agreement to have a valid lease agreement. If you are paying your landlord for a rental property, you have a lease agreement.

If they are attempting to evict you you will receive notice of a time and date for the eviction hearing.

1 Answer | Asked in Landlord - Tenant for Indiana on

Q: What is the law for security deposits where there is no lease with a landlord who bought the property

If you had a lease with the former landlord that expired after the property was sold to a new landlord that you didn't sign a lease with. But the new landlord was given the security deposit that you had given the former landlord. But you stayed and just continued paying rent month to month without... Read more »

Alexander Florian Steciuch answered on May 14, 2019

If the new landlord took possession of your security deposit and continued to accept payment for rent, they effectively assumed responsibility for your lease agreement. If you are seeking the return of the security deposit they are most likely responsible for returning it minus any damages beyond... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on

Q: Who is required to pay for the repainting of a residence when a tenant moves out?

We moved out of a duplex after living there for 2 years. During inspection our landlord mentioned that the unit needed a fresh coat of paint. Can they deduct this from our deposit or are they required to do this for new tenants at their own expense?

Alexander Florian Steciuch answered on May 14, 2019

Check your lease agreement. Usually repainting would fall on the duty of the landlord but duties and responsibilities can be delegated to the tenant if both parties agree on it.

1 Answer | Asked in Landlord - Tenant for Indiana on

Q: Tenant has no power, hasnt paid rent, and arent staying at the property. Can I enter the house?

Alexander Florian Steciuch answered on May 14, 2019

Unless you have received notice from the tenant that they have abandoned the property or are surrendering it back to you, you still have to go through the eviction process to be safe. You do not want the tenant to come back later on saying you unlawfully evicted him.

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 Landlord - Tenant and Small Claims for Indiana on

Q: Can part of the security deposit be used for excess utility usage if the utilities are included in the rent

Indiana Code 32-31-3-13(4)

Rent paid in full

Alexander Florian Steciuch answered on May 3, 2019

The statute you linked answers your question.

"(4) To reimburse the landlord for utility or sewer charges paid by the landlord that are:

(A) the obligation of the tenant under the rental agreement;  and

(B) unpaid by the tenant."

If the utilities are included...
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1 Answer | Asked in Landlord - Tenant for Indiana on

Q: My lease says no extra occupants, I can't get extra guests to leave... what do I do

Back in November my husband and I allowed my kids dad to move in for a "couple months" next thing we know he moved his GF and her son in too, which took us up to 8 people in our 3 bedroom home. We live in an MPH in Noble county. We rent. Our lease doesn't have anyone on it besides my husband my... Read more »

Alexander Florian Steciuch answered on Apr 30, 2019

They've been there so long they are considered legal residents. You have to evict them if you want them gone. If you don't you risk your landlord evicting you and them since you are breaking your lease agreement.

1 Answer | Asked in Landlord - Tenant for Indiana on

Q: What steps should a Landlord take when they learn of death of Tenant (not in the rental property)?

Deceased Tenant is only one named on Lease but adult child has been living there for past several months. Not sure how to secure property or proceed at this point while respecting the death of the parent.

Alexander Florian Steciuch answered on Apr 30, 2019

After screening and taking an application from the adult child you could have them take over the rental agreement, or, if the adult child has been living there for over a month you could ask them to leave, and, failing that, evict them.

1 Answer | Asked in Landlord - Tenant for Indiana on

Q: our landlord sent all tenants in our building an eviction notice, they gave us 40 days is this legal

they want to demolish the building is 40 days the proper amount of time

Alexander Florian Steciuch answered on Mar 20, 2019

In order to be evicted you have to have a court order stating you are being evicted by a certain date and time. In order for the landlord to obtain such an order you have to be served and appear in court for an eviction hearing. What you may have is a notice to quit premises or a notice that the... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on

Q: I'm no longer under a lease, I pay weekly payments. How much a notice is required by law before moving

The original years lease was monthly pymnts but we agreed verbally to weekly. Do I have to give 30 days or is 14 ok? I want to keep in good standings.

Alexander Florian Steciuch answered on Mar 19, 2019

The legally required standard for notice to terminate the rental agreement, if there is no lease, is one period of occupancy or payment period. If you were month to month, this means you need to give one month's notice you will not be renewing the lease. If you are going week to week, that means... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on

Q: Tenant had power and heat shut off. Legally does he have to leave do to this. He has also stopped paying rent.

Alexander Florian Steciuch answered on Mar 13, 2019

If your tenant has stopped paying rent and the utilities, you need to obtain an eviction in order to reclaim the property.

1 Answer | Asked in Landlord - Tenant for Indiana on

Q: We reside in the state of Indiana and have a 1year signed lease with landlord the landlord has told me she’s serving us

A 3 day eviction notice and she accepted half of this months rent and now saying she’s serving us a 3 day eviction notice. This would be our only notice we’ve ever received from our landlord. She also agreed to my husband fixing major & minor repairs to the rental and she would deduct money... Read more »

Alexander Florian Steciuch answered on Feb 25, 2019

You should consult with a landlord tenant attorney in your area ASAP. In Indiana, your landlord must file for an eviction in order to remove you from the home. If your landlord is threatening to sue for additional damages, it is worth the money to have an attorney represent you and handle the... Read more »

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

Q: My tenant went to jail and will be there for awhile. Before he went I gave notice that I wasn't renewing the lease.

Now the lease is up, his belongings are still there, his significant other is complaining about not getting a 30 day notice (they got a pay or quit notice with 10 days. No rent was paid for January, and I have agreed to keep the sec. dep. as rent for January. She is insisting I still owe her 15... Read more »

Alexander Florian Steciuch answered on Feb 7, 2019

Once they have vacated the property you have 45 days to give them an itemized invoice for any damages they have caused or bills owed otherwise they are entitled to the security deposit to be returned. You need to follow the letter of the law or it could come back to harm you in the future.... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on

Q: My lease with my roommate is almost up. If my roommate refuses to leave after I resign the lease by myself what do I do?

Roommate has not been paying anything for 4 months now and all utilities are in my name.

Alexander Florian Steciuch answered on Feb 7, 2019

If your roommate is not paying the rent you should have worked with your landlord to evict him. If you are resigning solely in your name and your roommate is still there in the future you should evict him and as part of that sue him for his share of the utilities. You should not let it go on this... Read more »

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