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Indiana Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I have a question about a deposit that was made by a friend towards my apartment a year ago.

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?

Alexander Florian Steciuch
Alexander Florian Steciuch
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

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Landlord filed for eviction after getting notice he was reported for harassment and not keeping the home in habitable co

Each time I reported to him the repairs on the home he would call me cuss me out and tell me to get out.

Alexander Florian Steciuch
Alexander Florian Steciuch
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

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: What can happen legally if I have been paying month to month rent for my apartment and move out without 30 day notice?
Alexander Florian Steciuch
Alexander Florian Steciuch
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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If your current on rent pay your own utilities can a landlord shut water off for month behind on water bill
Alexander Florian Steciuch
Alexander Florian Steciuch
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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Does a landlord have to wait the full ten days notice for unpaid rent prior to filing a case for eviction?
Alexander Florian Steciuch
Alexander Florian Steciuch
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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can my sister put me, my significant other and my children on the street without our belongings

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..

Alexander Florian Steciuch
Alexander Florian Steciuch
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...
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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can an apartment complex do a remodel with you still being a tenant?

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

Alexander Florian Steciuch
Alexander Florian Steciuch
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

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlord refused me a walk-out inspection, and is now withholding some of my security deposit.Do I have any recourse?

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

Alexander Florian Steciuch
Alexander Florian Steciuch
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

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Complaining about Black Mold for two months LANDLORD has done nothing. Can I stop paying rent until he address issues in
Alexander Florian Steciuch
Alexander Florian Steciuch
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...
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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a LL come into the house about time they want without notice?

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

Alexander Florian Steciuch
Alexander Florian Steciuch
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

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: In Hammond are landlords required to give ac units?

They provide heating but no ac. I’m on the second floor and am dying from the heat and poor ventilation.

Alexander Florian Steciuch
Alexander Florian Steciuch
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...
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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I was on a no lease rental agreement to live with two roommates who were on the lease for the rental unit.

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

Alexander Florian Steciuch
Alexander Florian Steciuch
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.

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Indiana on
Q: i am in active bankruptcy and my landlord typed a letter of eviction to be out in two weeks can she do this

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.

Alexander Florian Steciuch
Alexander Florian Steciuch
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

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: can a landlord evict without a court order in indiana?

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

Alexander Florian Steciuch
Alexander Florian Steciuch
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.

1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on
Q: Lease says management covers water, sewer and trash addendum to lease says i cover those costs which is legally binding
Alexander Florian Steciuch
Alexander Florian Steciuch
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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My Landlord is going to file emergency eviction on us. I am not behind on rent. I have severe medical problems
Alexander Florian Steciuch
Alexander Florian Steciuch
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

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Ask landlord for over 8 months about a leak in roof. Never repaired. After moving out three months later room caved in.

Is there anyway of sueing landlord?

Alexander Florian Steciuch
Alexander Florian Steciuch
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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: can a landlord still evict you after accepting late rent and you owe just late fees

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

Alexander Florian Steciuch
Alexander Florian Steciuch
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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: can a landlord still file an eviction after accepting late rent?
Alexander Florian Steciuch
Alexander Florian Steciuch
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

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Is it legal to rent an apartment for my sister but tell the landlord I will be living there instead?
Alexander Florian Steciuch
Alexander Florian Steciuch
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.

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