Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
they want to demolish the building is 40 days the proper amount of time
answered on Mar 20, 2019
In order to be evicted you have to have a court order stating you are being evicted by a certain date and time. In order for the landlord to obtain such an order you have to be served and appear in court for an eviction hearing. What you may have is a notice to quit premises or a notice that the... View More
The original years lease was monthly pymnts but we agreed verbally to weekly. Do I have to give 30 days or is 14 ok? I want to keep in good standings.
answered on Mar 19, 2019
The legally required standard for notice to terminate the rental agreement, if there is no lease, is one period of occupancy or payment period. If you were month to month, this means you need to give one month's notice you will not be renewing the lease. If you are going week to week, that... View More
answered on Mar 13, 2019
If your tenant has stopped paying rent and the utilities, you need to obtain an eviction in order to reclaim the property.
A 3 day eviction notice and she accepted half of this months rent and now saying she’s serving us a 3 day eviction notice. This would be our only notice we’ve ever received from our landlord. She also agreed to my husband fixing major & minor repairs to the rental and she would deduct... View More
answered on Feb 25, 2019
You should consult with a landlord tenant attorney in your area ASAP. In Indiana, your landlord must file for an eviction in order to remove you from the home. If your landlord is threatening to sue for additional damages, it is worth the money to have an attorney represent you and handle the... View More
Now the lease is up, his belongings are still there, his significant other is complaining about not getting a 30 day notice (they got a pay or quit notice with 10 days. No rent was paid for January, and I have agreed to keep the sec. dep. as rent for January. She is insisting I still owe her 15... View More
answered on Feb 7, 2019
Once they have vacated the property you have 45 days to give them an itemized invoice for any damages they have caused or bills owed otherwise they are entitled to the security deposit to be returned. You need to follow the letter of the law or it could come back to harm you in the future.... View More
Roommate has not been paying anything for 4 months now and all utilities are in my name.
answered on Feb 7, 2019
If your roommate is not paying the rent you should have worked with your landlord to evict him. If you are resigning solely in your name and your roommate is still there in the future you should evict him and as part of that sue him for his share of the utilities. You should not let it go on this... View More
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... View More
answered on Jan 22, 2019
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... View 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.
answered on Jan 21, 2019
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.
answered on Jan 21, 2019
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... View More
answered on Jan 11, 2019
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... View More
answered on Jan 10, 2019
Your landlord is not required to explain why he is raising rent. If you believe that the rent increase is too high this is something you can bring to his attention and attempt to negotiate him down.
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... View More
answered on Jan 10, 2019
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... View More
changing when rent is due and late, rent amount, and adding water to a utility we have to pay that the owner usually pays?
answered on Jan 8, 2019
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.... View More
Never received any court papers or eviction notice. Been tenant for 3 years. Original landlords had passed and home went to their son. He said we would just keep it month to month per the lease.
answered on Jan 8, 2019
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... View More
And if I pay all the rent that is owed before the court hearing can the eviction be stopped
answered on Dec 14, 2018
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... View More
I went over 2 months without a fridge
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... View More
answered on Dec 12, 2018
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,... View More
And if I pay all the rent and back rent before court will the eviction stop
answered on Dec 12, 2018
1. Yes, you can stay in your apartment until the time of the eviction hearing.
2. No, paying all of your back rent will not stop an eviction.
answered on Dec 4, 2018
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... View More
answered on Dec 4, 2018
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... View 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... View More
answered on Dec 4, 2018
Yes. There's no law forbidding them from revealing who is making the complaints.
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