Indiana Landlord - Tenant Questions & Answers

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

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Mar 20, 2019
Alexander Florian Steciuch's answer
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 owner intends on demolishing the building. If you are being evicted there will be an eviction notice as part of a complaint with a cause number with the name of the court and the time and date the...

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

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Mar 19, 2019
Alexander Florian Steciuch's answer
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 that you only need to give a week's notice. The answer here will depend on whether or not you are month to month or week to week, as paying weekly is not the same as having a week to week lease....

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

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Mar 13, 2019
Alexander Florian Steciuch's answer
If your tenant has stopped paying rent and the utilities, you need to obtain an eviction in order to reclaim the property.

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

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Feb 25, 2019
Alexander Florian Steciuch's answer
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 matter.

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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
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.

As for the holdover tenants, you may still need to evict whomever is left over.

Furthermore, holdover tenants still need to pay rent. They don't excused for paying rent just because there is...

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?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Feb 7, 2019
Alexander Florian Steciuch's answer
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 long though. Four months is too long.

Q: My landlord has not fixed my heat and I moved in September2018 and realized I didn’t have heat til November came.

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Jan 22, 2019
Alexander Florian Steciuch's answer
Constructive evictions occurs when a landlord refuses or fails to uphold the implied warranties of the lease agreement, such as the implied warranty of habitability. Landlords are required by Indiana law to always provide heat to a tenant no matter what time of the year. Lack of heating can be evidence of a constructive eviction if the landlord refuses to fix the problem. Furthermore, landlords cannot have the tenant's utilities shut off.

You need to consult with a local landlord...

Q: We sent a notice to our landlord stating that we needed certain things repaired by him, now he is trying to evict

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Jan 21, 2019
Alexander Florian Steciuch's answer
What is your question? Landlords are restricted from retaliatory eviction. Having clear documentation of the issues with easy to understand pictures that tell the whole story and communications between you and the landlord are necessary to have in a situation like this in court.

Q: I signed a lease that starts February 1 for 12 months, can I now change my mind and sign a month to month?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Jan 21, 2019
Alexander Florian Steciuch's answer
You can change your mind but that will not release you from your obligations. You are locked into a year long lease. If you wish to renegotiate with your landlord, that's your only option. Either that or you break your lease before it starts and risk being sued.

Q: I'm in the state of Indiana. If a lease agreement has ended and the tenant refuses to leave the property can I force out

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Indiana on
Answered on Jan 11, 2019
Alexander Florian Steciuch's answer
No, you cannot change the locks or physically remove them. Your only legal option is to obtain an eviction at the eviction hearing that you already have scheduled. If you contact the police they will not act without an eviction order.

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

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Answered on Jan 10, 2019
Alexander Florian Steciuch's answer
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.

Q: can my landlord kick me out without filing eviction

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Jan 10, 2019
Alexander Florian Steciuch's answer
Even if you did not have a lease and were informally going month to month by the terms of the previous year lease agreement, and even if the landlord told you he or she would not renew that monthly agreement and told you to be out and you overstayed, your landlord still has to file an eviction and show a court that he or she has grounds to take possession of the property. Eviction is the only process by which a landlord may take possession of the property and have you removed.

Q: Can my landlord change our lease before the original agreement is up? New man. Comp is asking us to sign another lease

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
No. If you sign a lease agreement for a term, both you and the landlord are bound by the terms in lease agreement. A landlord may not unilaterally change those terms without your consent. Once the lease agreement has been completed, a landlord may have you sign a new lease agreement with new terms. However, if you do not like those terms you may renegotiate those terms or choose not to sign the new lease agreement.

Consult with an attorney in your area for legal advice. Any information...

Q: My landlord has not been paying his mortgage but I have been payinh rent. What can I do now. The bank wants me out now.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
You need to figure out what is happening with this property through your landlord as soon as possible. While the bank is not your landlord, if there is a mortgage on the property and it is not being paid, the bank can foreclose on the property. As part of that foreclosure process, the bank will ask for an eviction of all current tenants and anyone else that lives at the property.

Consult with an attorney in your area for legal advice. Any information provided here is just for general...

Q: Even if I'm a couple of months behind in rent can I still stay in my apt until my court date in January

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 14, 2018
Alexander Florian Steciuch's answer
If you have a court date for an eviction you can still stay in your apartment until the date of the eviction hearing. The eviction hearing is set to determine whether or not you will be able to stay in the apartment or forced to leave. If you pay all the rent that is owed before the court hearing it will not stop the eviction hearing without positive consent of your landlord.

Q: LL wouldn’t fix sump pump and fridge so I did. Do they have to have access to inspect tenant repair even if Im not home

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 12, 2018
Alexander Florian Steciuch's answer
A landlord can inspect the property even if the tenant is not home, as long as there is proper notice. There is no law in Indiana that a landlord must inspect repair work done by a tenant, but a landlord would be a fool not to inspect any repair work done on the property as improper repair work, especially work done on anything related to water or electricity, has the possibility to cause further damage to the property if done incorrectly.

Q: Can I stay in my apt until my court date

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 12, 2018
Alexander Florian Steciuch's answer
1. Yes, you can stay in your apartment until the time of the eviction hearing.

2. No, paying all of your back rent will not stop an eviction.

Q: Have strong odor in my bathroom-vent fan doesn't help-suspect tenant behind me is smoking marijuana-what are my rights

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 4, 2018
Alexander Florian Steciuch's answer
If the tenant also rents from your landlord you can report them to your landlord for causing a common nuisance and having illegal items in their rental property. Marijuana is still illegal to possess and consume in Indiana. If that does not work you can report them to the police.

Q: My roommate wants to terminate lease early, I do not. Landlord told her it was 1600.00 to break lease, do I have to pay

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 4, 2018
Alexander Florian Steciuch's answer
If you do not want to break the lease early, you don't have to. If your roommate wishes to pay an early termination fee per the rental agreement, your roommate can do that. However, if you are on the lease agreement together you could have grounds to bring a claim against your roommate for the half of the rent you are still on the hook for. I have no idea why you would pay an early termination fee if you do not plan on leaving. You should negotiate with your landlord to stay and find a new...

Q: If I make a complaint about a tenant in my apartment complex can my property manager tell them it was me.

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 4, 2018
Alexander Florian Steciuch's answer
Yes. There's no law forbidding them from revealing who is making the complaints.

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