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 »
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 »
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.
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.
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.
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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.
If LL agrees to allow the utilities to stay in their name because the tenants cant get the utiities in theirs yet, can a landlord allow the disconnect of services if the tenants dont pay for months and notices have been sent by the servicing companies?
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...Read more »
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.
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...Read more »
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