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to pay off the owed amount to stop the eviction, but you would need an explicit agreement that the eviction would be withdrawn as part of that payment.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 »
My kids and I were stuck in a hotel for 11 days due to the buildings electrical fire and I asked her to prorate the rent for the days I was stuck in hotel and she said no because they paid my room n board at hotel
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...Read more »
My LL didn't give me a list of deductions or send the security deposit check within 45 days of when my lease expired. LL now claims I violated my lease several times but did not provide proof or documentation. Can someone demand full refund of the deposit if that person had violated part of the... Read more »
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...Read more »
Someone moved into a rental property without permission, and is now receiving mail there. The owner wants this person out immediately, but the interloper insists that she a 30 day notice is required before she can be "evicted." The property owner is afraid this person has some claim and doesn't... Read more »
Receiving mail at an address can be evidence that a person lives at a certain address but it is not dispositive proof that they are a tenant. I'm not sure where this 30 day notice requirement comes from either. There is no such law.
Recently my landlord would not fix my smoke alarms my ceilings are 12ft tall and she said to just take out the batteries so it would stop beeping. So now she states I have to get rid of my dog because he "smells" which is false. The hall smells because the carpets are old.
My landlord has been showing up without notice recently and it has been making me really uncomfortable. Just yesterday I was drinking my coffee in the kitchen and two guys were sneaking into my back door. They told me the landlord had said no one would be home. The landlord didn't notify me anyone... Read more »
Your landlord must provide you reasonable notice, usually 24 hours, for non-emergency access to your property. If it is an emergency your landlord may have access to prevent destruction to the property but must still notify you.
to me. I am in the process of removing 20 yrs of stuff when he changed the locks & put 2x2's on all windows and shut off the elec. He claims I abandoned my stuff by moving out and has taken several valuable items and personal items including my Dish TV equipment that I am being sued for non-... Read more »
The Sheriff is correct that this is a civil matter. You should immediately seek a consultation with an attorney and hire them to file a suit against the homeowner to prevent him from selling off your items and allow you to get access to your property.
There should be no need for an eviction if you have already moved out. If there is a hearing date, be sure to show up for that. That said though, if you got a notice of motion for dismissal, that means that one side is attempting to dismiss the case. Contact the clerk of the court to find out what...Read more »
You should have removed everything from the property before the date of the eviction order. If you are merely in the process of being evicted you should be able to remove your personal belongings from the property at any time since you are still technically occupying the premises.
I am up for a lease renewal beginning 10/1/18. However i just received the lease for review 9/24/18. Upon review, i show the landlord has taken the grace period granted to me in the years prior at the same residence (2 years).i have never abused the period. However i am paid every 2 weeks so... Read more »
The lease terms may change from year to year. Each separate year is a separate lease agreement. Your landlord may offer different terms when the contract is up for renewal. If it is important to have a grace period in the lease agreement, you can negotiate with your landlord for one.
have a friend that rents an apartment in a multiple unit building. At 10:30pm on 9-4-18 she had her kitchen ceiling cave in and then water began pouring out throughout kitchen and hallway including through light fixtures. The tenant living above her had a massive flood from their washer. The... Read more »
Yes and no. If your landlord has failed to provide you with a safe and habitable living space and refuses to make repairs you need to give notice that they need to either fix the issues within a reasonable time or you will consider the lease agreement to be breached under a theory of constructive...Read more »
They are two separate documents that serve two separate purposes.
If you intend on filing for an eviction or you believe that they will be hold over tenants you should file a 10 day notice to pay up or quit. The 10 day notice to quit has to be posted conspicuously on the property or given...Read more »
The landlord can increase your rent to whatever they want with the proper notice. Indiana has no laws that prevent landlords from increasing the rates to whatever they want. If you do not want to pay the increased rate you are free to move.
The 10 day notice to pay or vacate can be waived under your lease agreement. If you have not waived that right, the 10 day notice requirement is still in effect. That said, failure to provide this notice does not mean that you cannot be evicted. In the best case scenario it means that the eviction...Read more »
If you are renting the entire property from your landlord your landlord cannot store his property there while you are renting without his permission. You have exclusive use of the property unless exceptions are carved out in the lease.
Unfortunately landlords can have access to the property for inspection and repairs with adequate notice, usually 24 hours. There is no requirement that the tenant be home. If the landlord needs to have access to the property to fix the issue while you are not there, this is within their power to...Read more »
A landlord cannot evict you without an eviction order from the court. A landlord can always threaten an eviction though. If and when your landlord files you will be served and told to show up to court at a certain date and explain yourself. That's when the eviction order will be obtained against...Read more »
Can she do this if the living conditions are questionable? (Exposed imsulation, holes in walls to other rooms or exterior, “repaired” front door that still doesn’t securely lock, and a rotted, falling front porch?)
If you are month to month your landlord can raise your rent with a month's notice. It does not matter about the condition of the property. That is a separate issue. if your landlord is not fixing these issues you should not renew your lease for another month and find somewhere else to live.
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