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Indiana Landlord - Tenant Questions & Answers
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 »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a landlord threaten you with eviction if you have a visitor who is a felon?

My grandma lives in an apartment complex for elderly people and her son will getting out of prison in a week and her property manager told her that if he is caught on the premises they will call the cops and have him arrested for trespassing are they allowed to do that?? He has been in prison for... Read more »

Troy Tyson
Troy Tyson answered on Mar 23, 2020

It depends largely on what is in the lease and what their basis is for blocking him. Landlords to have wide latitude to restrict people from their property if it is in the interest of safety.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I give me tenant a 30 day notice to vacate?

Hello. I have a rental property and have tenants that’s been living there for almost 3 years. Every year I have to call them several times and contact 5 different people to get them to send over the new lease agreement. Every other month I’m getting letters from waste management threatening to... Read more »

Troy Tyson
Troy Tyson answered on Mar 18, 2020

If your tenant is on a month-to-month lease then yes, you can terminate that lease by sending them a 30-day notice of termination. I would recommend sending it to them certified mail so that you have proof of acceptance. Once the 30 day period has passed their lease is terminated. However, you... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: A tenant wishes to move to an upgraded rental. Can thet agree to transfer the secuirty deposit to the new lease?
Troy Tyson
Troy Tyson answered on Mar 6, 2020

Certainly ... if the landlord agrees to it.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: LL gave us a 90 notice to vacate due to “unforeseen circumstances.” Is this legal? They stated that they are being

charged a penalty of $1000/month for us living here. Sounds like they have an issue with the mortgage company (maybe they weren’t allowed to rent the property) and haven’t offered anything more than return our deposit the day we vacate. We were supposed to be gone by today and have been unable... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 4, 2020

In Indiana, your landlord cannot remove you from the property without a court order in the form of an eviction. It sounds like your landlord might not actually be the owner of the property, but either a tenant themselves who is subleasing this property to you or they may not have been authorized to... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Is there any compensation due to the tenant when the landlord terminates the lease after 3 months into a 6 month lease?

The landlord sent a letter to me stating she was terminating the lease and that this letter served as her 30 day notice. I objected but she said she had the right to terminate the lease with the 30 day notice. I did tell her I would need some kind of compensation. She said no to that.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 4, 2020

There are a very narrow set of circumstances where a landlord could unilaterally terminate the lease, usually owing to destruction of the property due to a natural disaster or fire. If you had a six month lease though, then that is how long the landlord is liable to rent the property to you: six... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My tenants has moved someone in with out notification of any kind is this allowed and can i leagally raise their rent

This will be the 3rd time they have done this first two tumes they tried to brush it under the rug and did it again yesterday while i was outta town with out ant knowledge of mine

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 4, 2020

If your lease agreement does not allow for sub-tenants and the tenants are in violation of your lease agreement you can evict them for being in breach of the lease. It would be best to notify them first in writing that they are violating the terms of the lease agreement and give them their 10 day... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: our Indpls, IN rental home tenants refuse to put utilities in their name, been 4 months, can we evict without court
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

There is no option to evict without a court order in Indiana. In Indiana you must obtain a court order to evict someone from the rental property.

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