When an improvement (e.g., that shed, or a house built on the property) is made to real property, it often becomes part of the real estate, i.e., a "fixture". When that happens, a conveyance of the property normally includes fixtures.

Your state's laws determine what might... View More

File a chapter 7 or Chapter 13 to terminate the garnishment.

Technically, yes. However, in practice, most judges will require a landlord to show good faith in marketing and reletting the property to a new tenant, and generally a landlord is given 2-3 months for this purpose (some exceptions permitted for exceptional circumstances). Courts will usually... View More

In theory yes. However, after you leave the unit, the landlord has a duty to make a good faith effort to find another suitable tenant, and most judges will allow landlords 2-3 months to do this. Judges will usually be hesitant to find the tenant liable for anything more than that, under the... View More

Your landlord would not be prevented from selling the property to another owner. However, whether the new owners are justified in filing an eviction against you would depend on if you have violated a term of the lease or one of the tenant obligations called for under Indiana law.

That would depend on a variety of factors, including whether the landlord knows of your presence there. However, if you are staying in a location and the landlord is trying to kick you out, it might be better to just negotiate with them and request adequate time to move, rather than risk having an... View More

You should advise the landlord that you are prepared to take additional legal action if the problem is not quickly dealt with. A satisfactory informal resolution is probably your safest, quickest outcome here.

You will need to consult your lease and speak with your landlord. Typically, leases will spell out some provision that will allow a tenant to break the lease early, provided they pay for a certain number of additional months, or penalties, or both. Also, your landlord may be willing to allow you to... View More

Have either of you discussed it with the landlord. You or the landlord can also go to court to get an order to evict her. Your landlord may also want to change the locks on your appartment.

If the landlord already moved to evict you, then you will likely have a hearing to determine the validity of the eviction. at that time you will be able to raise any defenses you have, or counterclaims such as the ones you mentioned.

You can file an action in small claims court for what is called "constructive eviction". If you are successful in your suit, you could be awarded legal fees and court costs, as well as be reimbursed for some of the rent and your security deposit.

Late or non-payment of rent is a basis for eviction in Indiana. However, generally when a tenant is behind on their rent, a landlord is required to send a 10 day "notice to quit" to the tenant, outlining how much is owed, and giving them the opportunity to pay the full amount within the... View More

It likely wouldn't be up to her, it would be up to the landlord. If you are not on the lease, have no right to stay there, and the landlord was unaware that you have been staying there, then the landlord can have you evicted.

You can seek to evict them for not taking care of the property. They likely have an obligation to do so either under your lease, or under I.C. 32-31-7-5. If they have failed to do so that could be grounds for eviction, and would allow you to terminate the lease early.

There is no set time frame, but the landlord has a duty to keep the house in good condition. See I.C. 32-31-8-5. Hope that helps.

You will likely need to show up to court at the damages hearing, and tell your side of the story to the judge. Be sure to come armed with any documentation that you have which will support your position.

You may consider a protective order against the parties you are concerned about.

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.

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.

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... View More