Alexander Florian Steciuch's answer It does not sound like your heating works. Either that or your house is uninhabitable. Landlords have a duty to provide you with a safe and habitable living space. Notify your landlord, in writing (keep a copy for yourself), via certified mail of all the issues with the house and inform your landlord that the issues need to be resolved in a timely manner. If your landlord refuses to fix the issues, it may be said that you have been constructively evicted, which can be a basis upon which a...
Alexander Florian Steciuch's answer 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.
Alexander Florian Steciuch's answer Assuming that you owned the property jointly with rights of survivorship with your brothers, once your first brother passed away, his interest automatically transferred to the survivors (you and your other brother). If this is the case, you can take the deceased brother's name off the property with a survivorship affidavit and record it with the county. A survivorship affidavit usually requires a death certificate to be recorded.
Alexander Florian Steciuch's answer 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 for an eviction of all current tenants and anyone else that lives at the property.
Consult with an attorney in your area for legal advice. Any information provided here is just for general...
William J Webster's answer In regards to the bank account, if your brother was on the account as a joint account holder, then the monies in the account will become his sole property.
In regards to the house, it depends how ownership of the house was titled. If your mother owned the property as tenants in common w/ your brother, then 50% of the house will become part of the your mother's estate. If title was held as joint tenants with rights of survivorship, then the house will also become the sole property of...
Alexander Florian Steciuch's answer The landlord can refuse to accept payment and continue with the eviction. You could negotiate with the landlord to pay off the owed amount to stop the eviction, but you would need an explicit agreement that the eviction would be withdrawn as part of that payment. Unless you have a valid legal defense to the eviction, the eviction will most likely be granted.
Alexander Florian Steciuch's answer If your landlord and your ex are in agreement he could be released from the lease agreement. However, short of that, there is nothing to make your ex move out of the apartment as he has just as much right to be there as you do.
Alexander Florian Steciuch's answer If you have had an eviction filed against you there will be two hearings. The first hearing is for the landlord to obtain the eviction order. You and the landlord or one of the landlord's representatives will appear before the judge and the landlord will give reason as to why you should be evicted. If you believe the landlord is wrong or incorrect, you will tell the judge why there should not be an eviction order granted against you. If the landlord obtains an eviction order you will have a set...
Alexander Florian Steciuch's answer There should be no need for an eviction if you have already moved out. If there is a hearing date, be sure to show up for that. That said though, if you got a notice of motion for dismissal, that means that one side is attempting to dismiss the case. Contact the clerk of the court to find out what is happening with the case and if it has been dismissed.
Vincent Gallo's answer No, if they failed to pay the mortgage the house will eventually get foreclosed upon and therefore lost in the foreclosure. So if there is value in the house, it would behoove them to pay the mortgage.
Alexander Florian Steciuch's answer 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 though.
Ary Avnet's answer You can be sued for negligence for the accidents you caused in the truck. If sued, you could assert as a defense that the throttle was stuck open causing the accident but ultimately it would be up to a judge or jury to decide if you were negligent. If there was no valid insurance policy on the vehicle you were driving, and you did not carry any liability insurance at the time, then you would be personally responsible for any judgment found against you.
Alexander Florian Steciuch's answer You are not required to have anything to file the case. However, a lease agreement is a good place to start in any landlord/tenant dispute as it shows that there was a landlord/tenant relationship and it establishes much of the relevant facts, such as the amount of rent owed each month, the duties each party has to each other, etc..
Alexander Florian Steciuch's answer The eviction process is the only process that allows a landlord to remove a tenant from the property. You do not need to hire an attorney to file an eviction in Indiana. However, if you are not physically present in the state an attorney can file an eviction on your behalf. It would be prudent of you to show up for the hearings though.
I would need to review your Settlement Agreement / Divorce Decree to provide a better answer to your question. If the the Settlement Agreement awards her the house and she is supposed to refinance and/or execute a quitclaim deed to remove your name, then you could file a contempt and seek assistance from the Court to enforce the Divorce Decree.
If she is not able to refinance, then you could request the Court order the house to be sold.
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