Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
The person is not on the lease agreement. My landlord 8s willing to allow part of the deposit to be used towards back rent. It also states in the lease that this is allowed. The person that made the deposit isn't giving permission, are they legally able to do that?
answered on Jul 31, 2018
If there is a security deposit, the landlord can use the security deposit to offset any damages outside of ordinary wear and tear to the rental property as well as any unpaid bills or back rent that is owed. If your roommate does not agree with the landlord then he is free to dispute the... View More
Each time I reported to him the repairs on the home he would call me cuss me out and tell me to get out.
answered on Jul 31, 2018
If you have an eviction filed against you you will receive a date for a court date. That is when you will have an eviction hearing before a judge. The landlord will have to present his evidence as to why he is filing for an eviction. You will have the opportunity to rebut his arguments and... View More
answered on Jul 30, 2018
Your former landlord can go after you for an amount equal to one month's rent and any other damages that you may have caused to the apartment.
answered on Jul 30, 2018
A landlord can NEVER shut off essential utilities like electricity, heat and water. If you are behind on rent the landlord's only legal remedy is to file for an eviction.
answered on Jul 30, 2018
Absent language in the lease agreement stating otherwise, yes. If you do not wait the full 10 days, the tenant could raise the issue with the court and your eviction request may be denied.
I believe this is illegal and she had no documentation giving me notice just showed up with cops who pulled me outside and told me to leave and that she could say what i could and couldnt have..
answered on Jul 30, 2018
If you had established residence at the property, that is to say that you had been living there for a certain period of time, then your sister would have needed a court order like an eviction order to remove you from the residence.
That said, if you had not been staying there for very long... View More
Hopefully you can help my roommate and I out. Our apartment complex has given us a weeks notice to remove all of our items in our foyer kitchen dining room closets and both bathrooms for them to do a complete remodel also not to mention we can’t have anything under our ceiling fan as they want to... View More
answered on Jul 24, 2018
Tenants have the right to quiet enjoyment of the property. This can generally be thought of as a right to privacy, use of property above all others, free from disturbances, etc.. It most certainly applies in this case. If you are losing access to a large portion of your property and are being... View More
My landlord is charging me $550 for lawn treatment and another $175 for cleaning services, neither of which have actually been performed. The 45 day window is over, and she is refusing to return the amounts she withheld, even though no actual costs were incurred. Do I have any rights to sue her for... View More
answered on Jul 24, 2018
Landlords are not required to give a final walk through unless specified in the lease. If you believe that the landlord has wrongly withheld your security deposit you can file a suit against them in your local small claims court for the amount of your security deposit. Generally, landlords may only... View More
answered on Jul 11, 2018
Indiana does not explicitly allow for the withholding of rent due to a disagreement with the landlord or for lack of repairs.
If you believe that your landlord is violating your lease agreement or the law, such as the implied warranty of habitability, you need to inform your landlord in... View More
My LL and myself had made arrangements to meet for me to pay the balance of the rent for the month. The next morning I wake up in my bed to see my landlord standing in my doorway of my bedroom looking at me. Mind you I do sleep Nude. We had agreed to meet the next day not that morning he claims... View More
answered on Jul 11, 2018
Landlords have the right to inspect and make repairs to the property. However they are also required to give reasonable notice of inspection or repairs. Reasonable is usually 24 hours notice. This is to balance the interest of the landlord in his or her property and the tenant's right to... View More
They provide heating but no ac. I’m on the second floor and am dying from the heat and poor ventilation.
answered on Jul 3, 2018
Unless Hammond has a city ordinance requiring air conditioners, no, a landlord has no duty to provide air conditioning. It is not considered a requirement like heat is.
If there was air conditioning at the time of you entering into the lease agreement, your landlord is required to maintain... View More
We split the down deposit and three months of rent. I decided to move out due to constant fighting between roommates in the middle of a month I had already paid rent for. I managed to get a majority of my belongings out of the unit on the day I said I was leaving and would have to go back for... View More
answered on Jun 25, 2018
No. This was not the correct course of action by your former roommates. There is a very low bar to bring claims in Small Claims court. Document the evidence, get estimates for the damage and price comparisons for similar items and be prepared to defend your position.
she said we have two weeks to be out and i lost my job she knew that we are only behind for the month of june she notorized this paper herself calling it a legal document more or less and said we had two weeks to get out and if we weren't out then she would have a 24 hr eviction notice.
answered on Jun 21, 2018
No. If you are behind on rent your landlord may post what is called a 10 day notice to pay up or quit the premises. That gives you notice that if you do not make your rent current within 10 days then she has the right to file for an eviction. Landlords in Indiana are required to post this notice... View More
My wife has a emotional support animal paper from her doctor. The landlord won't accept it. He put a paper on my door saying " The rental agreement is immediately terminated and you are directed to deliver possession of the property to the landlord on or before 6/22/2018
answered on Jun 11, 2018
No. An eviction is a court order. Your landlord must file for an eviction at the courthouse. You will be served with a complaint that will direct you to appear at the courthouse at a specified date and time. It is only after that hearing will a judge issue an eviction order.
answered on Jun 11, 2018
If your original lease states that management covers those utilities but you sign an addendum at a later date, the addendum governs. You have agreed to new terms that overwrite the original terms.
answered on Jun 11, 2018
An emergency eviction is only allowed in severe cases, cases that usually involve the destruction of the property, criminal activity or threat of destruction of the property. Even if your landlord files for an emergency eviction he or she must still provide evidence for the basis of such an... View More
Is there anyway of sueing landlord?
answered on May 18, 2018
Sue him for what? It collapsed after you moved out. You could sue for any damages to your personal property and costs related to the leak in the roof. If you were not injured by the cave in and there are no damages related to the leak then there is nothing to collect.
I paid my rent late for April in full except the late fees. I talked with the apt manager concerning paying the late fees but she already filed an eviction after accepting my late rent, by law in Indiana can a landlord still file an eviction after accepting late rent
answered on May 10, 2018
Yes, the landlord can still file for an eviction in this case. Nonpayment of late fees added for late payment of rent per a lease agreement can be grounds for filing an eviction just as much as nonpayment of the rent.
answered on May 9, 2018
It depends on the situation. If a landlord is evicting you merely due to late rent rent, than acceptance of the full late payment of rent is usually enough to solve the problem and prevent an eviction. However, if there are other reasons for the landlord to seek an eviction, merely paying the full... View More
answered on May 2, 2018
Illegal? No. It will most definitely violate your lease agreement though, which means that the landlord would most likely evict you and your sister from the apartment and seek damages against the two of you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.