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Indiana Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I live in indiana and rent from a property manager. Can they raise my rent and charge me for maintenance
Troy Tyson
Troy Tyson
answered on Feb 4, 2020

It largely depends on what is stated in your lease. Review that carefully.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How long does my landlord have to fix a pest infestation in my ceiling? Can I break lease if not fixed

This has been going on for over a month. They say it's fixed and critters still up there scratching. My daughter is scared to be here at night from the noise. I'm about to move out and pay the fee for a buy out but dont feel I should have to due to reason for moving.

Troy Tyson
Troy Tyson
answered on Jan 20, 2020

There really is no fixed time, it depends on the situation. Generally, 14-30 days will be given as the benchmark. You need to make sure that you document all of your efforts to communicate the issue to the landlord, as well as their efforts to correct the problem. You should also seriously consider... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: a judgement of how much I owe My landlord I have a hearing for discussion of finances Do I have to appear
Troy Tyson
Troy Tyson
answered on Dec 23, 2019

Yes, this is called a "damages hearing" and you are required to appear. You will have the opportunity to dispute any charges the landlord is claiming. In many courts, the parties are allowed to speak in advance of the hearing to sort out any disputes. If you do not appear, the judge may... View More

1 Answer | Asked in Consumer Law, Real Estate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Eviction is a mess
Tim Akpinar
Tim Akpinar
answered on Oct 11, 2019

Part of your question might have gotten left off in uploading. If you could repost with additional details (do not include personal information), that might enable an Indiana attorney to meaningfully assess the matter. Good luck

Tim Akpinar

1 Answer | Asked in Environmental, Health Care Law and Landlord - Tenant for Indiana on
Q: How do I go about getting information about how to get my landlord to spray for cockroaches in my house with out evicted

Without being evicted is what I meant to say

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2019

You would get the most meaningful input here from an Indiana attorney who knows landlord-tenant law. But your question remains open for four weeks and you include Environmental/Health Care as categories. If your apprehension about disturbing your landlord is based on a fear of creating expense, you... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on
Q: My fridge needs a new water filter, and it's not specifically stated on the lease as my responsibility. Who pays?

Landlord considers this "minor maintenance," but again, lease leaves a gray area. It specifically lists light bulbs and furnace filters, but not water filters. Also, replacing filters is good for the long-term health of the appliance they own and provide via the lease, so Indiana Code... View More

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2019

You raise valid points, but from a practical standpoint, footing the cost of a water filter could be less expensive than the fallout of possible damage to your landlord-tenant relationship. Good luck

Tim Akpinar

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Indiana on
Q: Does a landlord have to give u a written eviction notice and does he have to give u 30 daya to get out?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jun 20, 2019

If your landlord seeks to evict you they will have to serve you the petition to the court. This is usually served by the local Sheriff and is affixed to the property or served personally.

The amount of time you remain in the property is entirely set by the court. There is no '30 days to get out.'

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I notified landlord of water leak & water damage day I moved in. Deposit withheld for water damage. File in sml claims?

Water damage was never addressed. Landlord says after initial leak fixed, there must have been additional leaks not reported that contributed to water damage. Therefore, I was responsible for the water damage. I have a text I sent notifying them of the leak and water damage. Should that text be... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jun 19, 2019

No one here will be able to give you a yes or no answer as to whether or not a single piece of evidence is enough to win a case or obtain a judgment against another individual or entity. A lawyer can only give you their informed professional opinion on a case after reviewing all of the facts and... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I signed a lease for a year in Sept 2018..recd notice in June, middle of the month, rent is increasing for july. Is thi
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jun 17, 2019

The answer is it depends. The answer would usually be no but depending on the terms of your lease agreement your rate could increase from month to month or with proper notice.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Indiana on
Q: Can a landlord still charge me a pet deposit for my pet who is an emotional support dog?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 16, 2019

An emotional support animal is not the same as a service animal. Indiana law recognizes that service animals are not pets and therefore are not subject to 'no pets rules' or 'pet deposits.' However, as previously stated, an emotional support animal is NOT a service animal and... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I never signed a payment arrangement with my landlord can they evict me for non payment?

They are trying to evict me for non payment. I was given notice today. How long before it goes to court. I planned to move out July 1st one month before my 1 year lease ends.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 14, 2019

You do not need to have a signed, written and formal lease agreement to have a valid lease agreement. If you are paying your landlord for a rental property, you have a lease agreement.

If they are attempting to evict you you will receive notice of a time and date for the eviction hearing.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: What is the law for security deposits where there is no lease with a landlord who bought the property

If you had a lease with the former landlord that expired after the property was sold to a new landlord that you didn't sign a lease with. But the new landlord was given the security deposit that you had given the former landlord. But you stayed and just continued paying rent month to month... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 14, 2019

If the new landlord took possession of your security deposit and continued to accept payment for rent, they effectively assumed responsibility for your lease agreement. If you are seeking the return of the security deposit they are most likely responsible for returning it minus any damages beyond... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Who is required to pay for the repainting of a residence when a tenant moves out?

We moved out of a duplex after living there for 2 years. During inspection our landlord mentioned that the unit needed a fresh coat of paint. Can they deduct this from our deposit or are they required to do this for new tenants at their own expense?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 14, 2019

Check your lease agreement. Usually repainting would fall on the duty of the landlord but duties and responsibilities can be delegated to the tenant if both parties agree on it.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Tenant has no power, hasnt paid rent, and arent staying at the property. Can I enter the house?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 14, 2019

Unless you have received notice from the tenant that they have abandoned the property or are surrendering it back to you, you still have to go through the eviction process to be safe. You do not want the tenant to come back later on saying you unlawfully evicted him.

2 Answers | Asked in Contracts, Family Law, Real Estate Law and Landlord - Tenant for Indiana on
Q: My abuser is living at my apartment and won't leave. He isn't on the lease so how can I get him out of there?

This is a domestic violence situation. My landlord wants to evict me because of the situation.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 7, 2019

Wait until he goes out for something he needs and then change the locks.

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1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on
Q: Reguarding a verbal agreement over renting a residence, will it hold in court?

My fiance had a verbal agreement w the new landowner to do maintenance work in order to pay our rent. He was supposed to be working for $18 HR and we have done our best to try and log his hours.He also keeps every text message and has a log of all calls.he had worked well over what it would take to... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 5, 2019

When it comes down to it, its your word against the landlord's. You need to show evidence of the agreement, whether that is a witness to the conversations or party to them. If you have any sort of evidence of the agreement in writing or communications, such as text messages or emails, you can... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on
Q: Can part of the security deposit be used for excess utility usage if the utilities are included in the rent

Indiana Code 32-31-3-13(4)

Rent paid in full

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 3, 2019

The statute you linked answers your question.

"(4) To reimburse the landlord for utility or sewer charges paid by the landlord that are:

(A) the obligation of the tenant under the rental agreement;  and

(B) unpaid by the tenant."

If the utilities...
View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My lease says no extra occupants, I can't get extra guests to leave... what do I do

Back in November my husband and I allowed my kids dad to move in for a "couple months" next thing we know he moved his GF and her son in too, which took us up to 8 people in our 3 bedroom home. We live in an MPH in Noble county. We rent. Our lease doesn't have anyone on it besides my... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 30, 2019

They've been there so long they are considered legal residents. You have to evict them if you want them gone. If you don't you risk your landlord evicting you and them since you are breaking your lease agreement.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: What steps should a Landlord take when they learn of death of Tenant (not in the rental property)?

Deceased Tenant is only one named on Lease but adult child has been living there for past several months. Not sure how to secure property or proceed at this point while respecting the death of the parent.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 30, 2019

After screening and taking an application from the adult child you could have them take over the rental agreement, or, if the adult child has been living there for over a month you could ask them to leave, and, failing that, evict them.

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