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...
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....
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.
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...
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.
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.
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.
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.
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.
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.
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.
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...
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...
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.
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.
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.
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...
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