Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
Is it illeagle to provide me with a 3 day pay or vacate and not ,10 days under Indiana State law...
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... View More 
My rental agreement includes the entire property. Is he allowed to store stuff on the property whenever he wants?
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.
I don't want him here alone. What can I do?
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... View More
I am behind on rent and LL has threatened to take me to court and evict me in seven days.
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... View 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?)
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.
None of this helped that I lost my job at the same time. But my landlord really stick it to me when he said he wanted to raise the rent and if I didn't agree then to leave. He had a bank official come through out place and they said that the place was uninhabitable and that the bank would not... View More
answered on Aug 26, 2018
If you are renting month to month your rental agreement is only for 30 or 31 days. That means that your agreement only lasts for that month and your landlord is within his right to tell you with enough notice that the rent next month is going to be higher. If you do not agree you have to find a new... View More
I moved into my apartment on the 17th of August and my apartment did not prorate the rent. When I asked about why they are not, they said that this is common policy with many apartments in Indiana. However, in my experience, rent is always prorated. Why should I pay for days (in this case 16) that... View More
answered on Aug 23, 2018
There's no requirement that they do prorate the rent. You pay for what you agreed to. If you believe that the rent should be prorated, you have to negotiate that with the apartment company.
I’m not able to see an apartment until sometime in September or October. To hold the apartment I need to pay the application and security deposit. I was told that if I cancel my application, I will be charged $30 per day that the apartment is off the market. Are landlords able to do this? Seeing... View More
answered on Aug 22, 2018
Yes, absolutely. The landlord is holding the apartment for you. That apartment could be rented to someone else while it is on hold. If you think the charge is excessive then you do not have to pay it.
vacating and new roommates were moving in. The maintenance company (admittedly) accidentally removed my personal belongings. They only want to pay "goodwill/used furniture" prices for the furniture, not current replacement values. Am I obliged to accept their valuation on my belongings?... View More
answered on Aug 20, 2018
You do not have to accept a settlement offer by your landlord for the items that were removed and thrown out. You can pursue compensation for your damages in a court of law if you wish.
He saying everyday he'll be by to pick them up but doesnt. He also has 2 pets he has left. I want the items out but how long do I have to wait before I can move out his items personally. I should have to take care of his pets.
answered on Aug 20, 2018
There is no specific Indiana law that dictates how long a landlord or roommate has to hold onto the personal property of a past tenant. That said, a person cannot just throw away the property at their own digression. A person can either petition the court to declare the property abandoned or move... View More
I can no longer afford my rent and need to move to be closer to family due to son's health issues and find a cheaper place. Can I get out of my lease early
answered on Aug 20, 2018
Ill family health and a lost job do not excuse you from fulfilling your tenant obligations under your lease agreement unfortunately. That said, if you can work with your landlord to excuse you from the lease agreement you can be let out early. That is entirely at the digression of your landlord... View More
The lease said with term agreement to give a 60 day notice. We never renewed a lease. He said that we will still have to pay rent until somebody else moves in. I never heard of this before in my life. I told him we don't have to pay anything because there's no lease agreement. We gave him... View More
answered on Aug 15, 2018
A tenant renting month to month with no lease agreement the amount of notice required is 30 days. If there is a lease agreement, the terms of the lease agreement will govern.
What are my legal rights as a landlord without filling a legal eviction
I’m out of state in a new position & unable to make court dates or afford them
answered on Aug 6, 2018
I'm confused in this situation. Are you the landlord or the tenant? A landlord would not get a 'notice to comply or quit.'
Unfortunately for you if you are the landlord in Indiana, eviction is your only legal option to remove tenants from a property, whether or not they are... View More
answered on Aug 3, 2018
You could negotiate with your landlord to stay.
You could defend yourself at the eviction hearing, showing that you have been a good tenant, paid rent on time and that your neighbor is the one causing trouble. This may be difficult to show though unless you have evidence of foul play by the... View More
Told I would be responsible for 1200 in repairs is this legal and should my deposit be applied towards repairs??
answered on Aug 3, 2018
No. The only option a landlord has to remove a tenant from the rental property is to file for an eviction. Only after obtaining an eviction order can you be legally removed.
Overflowing the bathroom sink twice could be the basis for an eviction, but it is not the most solid of grounds to... View More
Our landlord put in our lease that we could have pets after 3-6 months of resisiding in the home. It has come to time and now she is refusing to let us have pets. Landlord is fiance’s Grandma and she said that the pet decision was based off of us getting married and being engaged. We called off... View More
answered on Aug 1, 2018
The lease agreement governs. If your lease agreement states that you can have pets then you can have pets. One party cannot unilaterally change your contract.
The landlord already has my security deposit. Can they charge more as "cleaning/ fixing fees"?
answered on Jul 31, 2018
The answer is yes and no. The security deposit theoretically covers all damages outside of ordinary wear and tear, unpaid bills and back rent. Anything over the security deposit amount the landlord has to pursue against you in court.
"Cleaning and fixing" is very general. Quite a... View More
I received a severely delinquent letter from the bank stating my landlord hasn't been paying . And I rent I need to know my rights.
answered on Jul 31, 2018
If your landlord is not paying the mortgage on the property, it is not an issue for you until the foreclosure proceedings begin. If the property you are living in is foreclosed on successfully by the bank or mortgage holder, your landlord will have violated the lease agreement as they can no longer... View More
Going on 3 months now, I have had a leak from my roof, they have come to "fix" it several times and i still have the same issue, with electrical wires being exposed very close to the leak, and the leak making puddles on my stairs causing me to fall, would that be considered uninhabitable?... View More
answered on Jul 31, 2018
First off there is no such thing as 'constructively evicting yourself.' Constructive eviction occurs when a landlord fails to provide or maintain the rental premises in such a way that deprives the tenant of their rights to quiet enjoyment and/or violates the implied warranty of... View More
We are ending our lease early, we have given 60 days written notice. The lease says that this is required to vacate the apartment but says nothing about a penalty for vacating prior to the end of the lease. I've read that you usually pay out the lease until they lease the apartment to someone... View More
answered on Jul 31, 2018
If there is nothing in the lease agreement about paying fines for vacating early then there shouldn't be any fines for you to pay. However, if you agreed to pay these fines for vacating the premises early in the lease or an incorporated document then you will most likely be held accountable.... View More
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