[Indiana] - My brother-in-law wants to sell me a house that his ex-girlfriend and biological daughter reside in. There is no lease in place, nor formal rental agreement. If I purchase this house, can I ask the ex-girlfriend to leave or is there a formal "eviction" process that I need to do?
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answered on May 11, 2023
You can always ask, but you must commence a formal eviction if she chooses not to go. Evicting family is never easy, and courts (at least from my New York perspective) are sometimes sympathetic to tenants in these situations, so you should speak to an attorney to discuss your possible outcomes and... Read more »
Landlord agreed to rent to own for $110,000. Landlord got a different mortgage on a new home they purchased and said they couldnt have this house( the one I was already renting to own for 5 years) as a rent to own anymore. Can I take them to court for the money I put into owning the house since... Read more »
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answered on Mar 24, 2023
Your rent-to-own contract should outline your rights and remedies. Assuming an attorney represented you when you entered into that agreement, you should speak to that attorney for advice. If you had no attorney, from my NY perspective, unless your contract prohibits it, you would need to bring an... Read more »
I moved into an apartment with my girlfriend, both our names are on the lease. She ended up cheating on me and moving out after 2 weeks of living here. She says that she will not pay any rent and so far has refused to. The leasing office informed us on during the signing process on numerous... Read more »
answered on Oct 18, 2022
It's possible that you have a suit against her for contribution, but just because you can sue someone doesn't mean that you are going to get anything from her. See a local lawyer for advice. This is not a criminal matter.
I hope you can cover the rent on your own.
I received proceedings supplemental in May of this year for $9000 the original judgement was for $6000 dollars. I had no idea about the judgment as I was never served papers and never notified of any judgement against me. Will I be able to fight the interest accrued?
Someone told me that this is price gouging and coercion. Is this true
answered on Jun 16, 2022
Depending on the specific facts, it could be an antitrust violation known as price fixing. To find out more, contact an attorney who practices in the area of antitrust or the Indiana Attorney General's office.
In other words can you pursue their assets if it happened before they changed power of attorney over
answered on Mar 17, 2022
You posted this under landlord-tenant law but you are asking about a power of attorney. You need to provide more details before anyone can provide a meaningful response. Questions that you should address when you repost this include:
Are you the tenant or the landlord?
How are you... Read more »
The new owner is with a different property management company. Do I have to remain in the lease
answered on Nov 7, 2021
I assume you do not want a plumber so you really need to ask a legal question, though it seems apparent you need to have check-valves installed to prevent back-up.
Co owner financed shed, filed chapter 7, property sold to me as is by trustee. Can co owner now remove said shed? Shed was exempted under bankruptcy as part of this property. Co owner being evicted and wants shed. I've paid all taxes for shed and it is listed as part of this property sold... Read more »
answered on Oct 31, 2021
When an improvement (e.g., that shed, or a house built on the property) is made to real property, it often becomes part of the real estate, i.e., a "fixture". When that happens, a conveyance of the property normally includes fixtures.
Your state's laws determine what might... Read more »
I moved out of my apartment after I broke up with an ex a while ago. He stayed. I forgot to take my name of the lease and he can't keep a job, so now the creditors are coming after me. They've garnished my wages and now I can't afford food or gas. Please, what can I do to fix this?
answered on Jul 29, 2021
File a chapter 7 or Chapter 13 to terminate the garnishment.
So I may have to pay $7,450 on leaving? What happens if they lease it out in 1 month?
answered on Apr 6, 2021
Technically, yes. However, in practice, most judges will require a landlord to show good faith in marketing and reletting the property to a new tenant, and generally a landlord is given 2-3 months for this purpose (some exceptions permitted for exceptional circumstances). Courts will usually... Read more »
answered on Mar 17, 2021
In theory yes. However, after you leave the unit, the landlord has a duty to make a good faith effort to find another suitable tenant, and most judges will allow landlords 2-3 months to do this. Judges will usually be hesitant to find the tenant liable for anything more than that, under the... Read more »
Us what can we ask our lawyer to due, I don't believe paying for move and deposit, is enough after us loosing our home after 19.5 yrs, and during this pandemic and winter
answered on Feb 10, 2021
Your landlord would not be prevented from selling the property to another owner. However, whether the new owners are justified in filing an eviction against you would depend on if you have violated a term of the lease or one of the tenant obligations called for under Indiana law.
answered on Feb 3, 2021
That would depend on a variety of factors, including whether the landlord knows of your presence there. However, if you are staying in a location and the landlord is trying to kick you out, it might be better to just negotiate with them and request adequate time to move, rather than risk having an... Read more »
Our neighbors have a sub woofer in their apartment and they play music all night long. We have called the complex’s courtesy officer, sent emails and have tried to set up meetings with management but they keep ignoring us. This has been going on for months and we have saved all our communication... Read more »
answered on Jan 12, 2021
You should advise the landlord that you are prepared to take additional legal action if the problem is not quickly dealt with. A satisfactory informal resolution is probably your safest, quickest outcome here.
I may need to move to another state with X months left on the lease. Can I break the lease, move out, and continue paying rent to them monthly until 1. I've paid for X months to cover the lease term or 2. They find someone to rent it before X months is up?
answered on Dec 30, 2020
You will need to consult your lease and speak with your landlord. Typically, leases will spell out some provision that will allow a tenant to break the lease early, provided they pay for a certain number of additional months, or penalties, or both. Also, your landlord may be willing to allow you to... Read more »
She screams at us daily, exposes herself to Covid-19 by traveling and then comes back to the apartment, and throws things and refuses to clean after herself. (She also is often drunk or high?) She’s acting violent and we have to lock our bedroom doors at night. We asked her to leave by the end of... Read more »
answered on Dec 12, 2020
Have either of you discussed it with the landlord. You or the landlord can also go to court to get an order to evict her. Your landlord may also want to change the locks on your appartment.
The house was not fit to live in to begin with I was never given a key to secure my property door was screwed shut. Power was disconnected at pole and landlord claimed to be making repairs to home but nothing was ever repaired or even looked at. Was still charged rent while power was disconnected.... Read more »
answered on Dec 8, 2020
If the landlord already moved to evict you, then you will likely have a hearing to determine the validity of the eviction. at that time you will be able to raise any defenses you have, or counterclaims such as the ones you mentioned.
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 »
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.
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
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 »
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