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Indiana Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: Have a eviction court date Nov 15th I own trailer and lease lot Can i stop this by paying Can lanlord refuse payment

They are not the nicest people

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Nov 7, 2018

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to pay off the owed amount to stop the eviction, but you would need an explicit agreement that the eviction would be withdrawn as part of that payment.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 »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: do I have to pay full rent if I was placed in hotel for 11 days due to buildings electrical fire?

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

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Nov 7, 2018

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 »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Is there a law that requires your landlord to have heat in your apartment
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Oct 26, 2018

Yes, a landlord must provide heat year round, regardless of any other circumstances.

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

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 »

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

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 »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If someone receives mail at an address, are they considered a tenant?

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 »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 25, 2018

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.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Indiana on
Q: Can a landlord refuse to renew a lease because now they choose not to allow my dog? I have been renting for 3 years now

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.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 25, 2018

Your landlord can refuse to renew your lease for just about any reason as long as it is not illegal. Not wanting to rent to someone with a dog is a legal reason to not renew a lease agreement.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can my landlord allow plumbers to enter my residence without my consent or knowledge?

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 »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 25, 2018

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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I recently moved from a home that belonged to my father after living there over 20 yrs, it was suppose to be signed over

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 »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 25, 2018

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.

1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for Indiana on
Q: My lease was up July 31 2018. I moved out, landlord sent eviction notice in September after I'd moved. Is this legal?

Got notice of Motion for 41E dismissal today, September 22, and I'm not sure what it means. Can I fight this eviction as I was no longer under a lease or even in the property?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 25, 2018

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 »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How long does a tenante have to get their belongings after eviction notice has expired?

And the eviction process was requested by the tenants?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 25, 2018

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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can my landlord suddenly take grace period at lease renewal?

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 »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 25, 2018

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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Do I have to pay rent while my apartment is being repaired from flood damage due to upstairs neighbor’s neglect?

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 »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 10, 2018

If the kitchen is unusable, the electricity is unusable and by no fault of the tenant then the landlord needs to do either one of two things:

1. The landlord should either put the tenant up in temporary living situation (ideally another unit in the building)

or

2. The...
Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on
Q: Can i break my lease and not be sued if the landlord of my apartment doesnt fix anyhting?

I have 2 broken windows a leaking bathroom ceiling and no air for 3 months now

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 10, 2018

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 »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My tenant is 2 months behind, and her lease is up soon. Do I serve her a 10 day notice to quit or nonrenewal of lease.

Or both in one document

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 10, 2018

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 »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How much can a landlord increase your rent every time you sign a lease for another year?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 10, 2018

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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlord has given me a 3 day pay or vacate. In Indiana it says landlord must provide a 10 day notice can I sue him?

Is it illeagle to provide me with a 3 day pay or vacate and not ,10 days under Indiana State law...

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 10, 2018

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 »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I live in Indiana. My landlord wants to store a trailer in the backyard of the home I am renting. Is he allowed to?

My rental agreement includes the entire property. Is he allowed to store stuff on the property whenever he wants?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 10, 2018

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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlord will not accommodate my after 3pm hours to fix a clogged bathtub. He insisted to be here alone

I don't want him here alone. What can I do?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 10, 2018

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 »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a landlord eviction you without written notice?

I am behind on rent and LL has threatened to take me to court and evict me in seven days.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 10, 2018

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 »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlord is sending me a new lease with higher rent. My leases are month to month, and she gave me 30 days notice.

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?)

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 10, 2018

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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