Indiana Landlord - Tenant Questions & Answers

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.

Q: A person is refusing to leave my house no lease entry was gained illegally no utilities on in house what can I do

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Nov 28, 2018
Alexander Florian Steciuch's answer
Receiving mail is merely a sign that a person is living at the home. It is not dispositive of residency. If the person is not a guest, a holdover tenant or a resident, they are trespassing and you should contact the police. If the police will not get involved, you will have to evict her.

Q: Can a landlord just handwrite a 10 day notice .or do they have to file it with courts

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Nov 28, 2018
Alexander Florian Steciuch's answer
10 day notices to pay or quit premises are not filed with courts and they are not served. Indiana law requires them to be posted conspicuously on the property or affixed to the door. It can also be handwritten as long as it contains the necessary information, identifies what it is and who it is from.

Q: Our tenants were behind on rent, they have been repeatedly late and only pay partial rent.

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Nov 28, 2018
Alexander Florian Steciuch's answer
If your tenants are on a month to month lease, you can notify them that you will not be renewing their lease for the next month if you so choose. You have to give them one month's notice of this though.

Q: Can LL allow disconnect if tenant is not paying their Utilities and disconnect notices are sent by the servicing comp

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Nov 7, 2018
Alexander Florian Steciuch's answer
If the utilities are in the landlord's name but are to be paid by the tenants and the tenants are not paying, the landlord still must provide and pay those utility bills. Landlords are bound to provide a safe and habitable space to the tenants. If the tenants are violating the lease agreement by not paying the utilities they should be evicted.

Q: Can I serve a 10 day notice and evict a tenant with no remedy for being habitually late on rent?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Nov 7, 2018
Alexander Florian Steciuch's answer
If your lease requires the 10 day notice or does not waive that requirement, the 10 day serves as a period for which the tenant can pay the rent that is owed or cure whatever violation of the lease that is being broken. If it is fixed by the end of the 10 day period, they are allowed to stay.

Q: Have a eviction court date Nov 15th I own trailer and lease lot Can i stop this by paying Can lanlord refuse payment

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on Nov 7, 2018
Alexander Florian Steciuch's answer
The landlord can refuse to accept payment and continue with the eviction. You could negotiate with the landlord to pay off the owed amount to stop the eviction, but you would need an explicit agreement that the eviction would be withdrawn as part of that payment. Unless you have a valid legal defense to the eviction, the eviction will most likely be granted.

Q: do I have to pay full rent if I was placed in hotel for 11 days due to buildings electrical fire?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Nov 7, 2018
Alexander Florian Steciuch's answer
In this case you do have to pay full rent. The landlord did what they are supposed to do if the premises are damaged and are unlivable for a period of time: they either prorate the rent for the days you are not living there and you find your own alternate living conditions or they pay out of pocket to put you up somewhere else until the repairs are complete.

Q: Is there a law that requires your landlord to have heat in your apartment

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Oct 26, 2018
Alexander Florian Steciuch's answer
Yes, a landlord must provide heat year round, regardless of any other circumstances.

Q: Can someone demand a full refund of his or her security deposit if LL didn't send it within 45 days of move out?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Oct 12, 2018
Alexander Florian Steciuch's answer
Indiana law is very clear that if a landlord does not provide an itemized list of damages within 45 days of the renter surrendering the property when the renter has paid a security deposit as part of the lease agreement that the renter is entitled to the full refund of the security deposit. This does not release the renter from liability of any damages but it punishes the landlord for not complying with Indiana law.

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