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Indiana Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Indiana on
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

A 3 day eviction notice and she accepted half of this months rent and now saying she’s serving us a 3 day eviction notice. This would be our only notice we’ve ever received from our landlord. She also agreed to my husband fixing major & minor repairs to the rental and she would deduct money... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 25, 2019

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... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
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.

Now the lease is up, his belongings are still there, his significant other is complaining about not getting a 30 day notice (they got a pay or quit notice with 10 days. No rent was paid for January, and I have agreed to keep the sec. dep. as rent for January. She is insisting I still owe her 15... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 7, 2019

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.... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
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?

Roommate has not been paying anything for 4 months now and all utilities are in my name.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 7, 2019

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... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlord has not fixed my heat and I moved in September2018 and realized I didn’t have heat til November came.

The last time I heard from her was December 5 then 2 days later they shut my gas off from the outside. I called the company and they told me someone did now I have court and I feel like it is constructive eviction. It’s now January and still no heat. Rules need to be change where a landlord needs... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 22, 2019

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... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: We sent a notice to our landlord stating that we needed certain things repaired by him, now he is trying to evict

We go to court Thursday, I have documentation, photos of huge leak in cellar, all gutters torn off of house caused by storms and new carpet put in by us because the carpet that was in here was so old it was wearing big holes in it for which I have pictures.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 21, 2019

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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I signed a lease that starts February 1 for 12 months, can I now change my mind and sign a month to month?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 21, 2019

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.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Indiana on
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

I have served a 10 day notice & filed an eviction with the courts, of which the court date isnt until later this month. Can I force them out by changing the locks or have law enforcement to have them removed since the agreement is up? To add, there is a hold over part in the agreement, however we... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 11, 2019

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.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: I reside in Indiana. If they raise rent and I inquire why, do they have to respond?

My landlord raises my rent each year (within the legalities of the lease). His reasonings are due to a rise in operating costs. I asked him to explain what these operating costs are in detail before I agree to signing a new lease (3 months from now). Is he required to inform me why my rent is... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 10, 2019

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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: can my landlord kick me out without filing eviction

Lease ended in sept but still been doing month to month pay on time my brother moved in with his kids landlord got mad n said I have to get out it’s not in my lease about guests or people staying here I pay on time always do I have to move or does he have to file eviction we have children in the... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 10, 2019

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... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can my landlord change our lease before the original agreement is up? New man. Comp is asking us to sign another lease

changing when rent is due and late, rent amount, and adding water to a utility we have to pay that the owner usually pays?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 8, 2019

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.... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Indiana on
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.

Never received any court papers or eviction notice. Been tenant for 3 years. Original landlords had passed and home went to their son. He said we would just keep it month to month per the lease.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 8, 2019

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... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
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

And if I pay all the rent that is owed before the court hearing can the eviction be stopped

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Dec 14, 2018

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... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
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

I went over 2 months without a fridge

And sump pump, so I finally went and got them with my own money. I told them I finally fixed the stuff and now they are saying they will be here early Monday morning(it’s saturday night) and they must do an inspection since it was a tenant repair. I... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Dec 12, 2018

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,... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I stay in my apt until my court date

And if I pay all the rent and back rent before court will the eviction stop

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Dec 12, 2018

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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Have strong odor in my bathroom-vent fan doesn't help-suspect tenant behind me is smoking marijuana-what are my rights
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Dec 4, 2018

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.

1 Answer | Asked in Landlord - Tenant for Indiana on
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

Roommate said that I was responsible for half of the 1600.00 and sign an early termination form, but the landlord said that I can stay at the apartment but I would just have to sign a new lease. Am I responsible for part of the 1600.00 be charged if I stay in the apartment? Can I sue the roommate... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Dec 4, 2018

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... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I make a complaint about a tenant in my apartment complex can my property manager tell them it was me.

I'm a disabled veteran I live in government housing and work for the complex I live in we have had many problems with the new neighbors above us so when something goes wrong or if I see something as part of my job description I am supposed to inform my property manager of this but it seems to be... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Dec 4, 2018

Yes. There's no law forbidding them from revealing who is making the complaints.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: A person is refusing to leave my house no lease entry was gained illegally no utilities on in house what can I do

She says because she's received mail there that she has to be evicted but when I asked her to leave she threatened to trash my house which I have documented

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Nov 28, 2018

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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a landlord just handwrite a 10 day notice .or do they have to file it with courts

And it was never served just placed under our door

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Nov 28, 2018

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... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Our tenants were behind on rent, they have been repeatedly late and only pay partial rent.

We went to court for eviction and they suddenly paid, can we still evict them? They are on a month to month

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Nov 28, 2018

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.

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