Indiana Real Estate Law Questions & Answers

Q: are electricity bill is $629.00 and our house is still freezing and the land Lord is a jerk no ceiling in the bathroom

1 Answer | Asked in Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law for Indiana on
Answered on Jan 14, 2019
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...

Q: I reside in Indiana. If they raise rent and I inquire why, do they have to respond?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Answered on Jan 10, 2019
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.

Q: I am listed with my brothers on property ET AL One is now deceased

1 Answer | Asked in Intellectual Property and Real Estate Law for Indiana on
Answered on Jan 8, 2019
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.

Q: Have property in Michigan family owned 8 siblings 7 want to sell. What can we do?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
I assume that in asking this that the 8th sibling does not wish to sell.

There are a number of routes you could take to sell the property or get the sibling on board.

You could petition a court to partition the property.

You and your other siblings could buy out the 8th sibling's interest.

You could seek to sell to someone who doesn't mind co-owning the property with the 8th sibling.

You could find out what the 8th sibling's reservation is about...

Q: My landlord has not been paying his mortgage but I have been payinh rent. What can I do now. The bank wants me out now.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Indiana on
Answered on Jan 8, 2019
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...

Q: Did chapter 7 in 2009 been paying my house since over 8 years now I’m slow at work , they are doing a foreclosure while

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for Indiana on
Answered on Dec 15, 2018
Timothy Denison's answer
You can file s Chapter 7 once every 8 years. Depending on your income, equity and financial situation, you may be able to do exactly what you propose.

Q: What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on
Answered on Nov 10, 2018
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...

Q: Have a eviction court date Nov 15th I own trailer and lease lot Can i stop this by paying Can lanlord refuse payment

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on Nov 7, 2018
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.

Q: How to get a roommate, who is the on the lease, to leave apartment.

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 12, 2018
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.

Q: If I am month to month and the LL gives my family a 30 day eviction notice do we have to pay the rent for those 30 days

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 8, 2018
Alexander Florian Steciuch's answer
You are not being evicted. The lease agreement is simply not being renewed. Yes, you still have to pay that final month that you are living in the home.

Q: Hello, I've been told that an eviction has been filed on me. What are the next steps, how long do I have to pay them?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 2, 2018
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...

Q: My lease was up July 31 2018. I moved out, landlord sent eviction notice in September after I'd moved. Is this legal?

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Landlord - Tenant for Indiana on
Answered on Sep 25, 2018
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.

Q: Can lenders foreclose on a house if the person who borrowed the money is no longer on the deed even if the co-signer is

2 Answers | Asked in Real Estate Law for Indiana on
Answered on Sep 9, 2018
Vincent Gallo's answer
Yes, because the grantees in the deed took subject to the cloud of the pre-existing mortgage.

Q: Our landlord has turned off the utilities what can we do to get them restored?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Aug 27, 2018
Alexander Florian Steciuch's answer
Contact the utility companies directly and have the utilities turned on in your name.

Also consider that a landlord cannot turn off your utilities unilaterally to attempt to unlawfully evict you.

Q: I am a single home owner. Are my adult children responsible for my mortgage debt after my death?

2 Answers | Asked in Real Estate Law for Indiana on
Answered on Aug 25, 2018
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.

Q: I signed a one year lease. Been there almost 6 months. My son's health got worse and lost my position at work.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on Aug 20, 2018
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.

Q: Can I be sued for being uninsured I had an accident on private property I hit something & a vehicle also uninsured?

1 Answer | Asked in Car Accidents and Real Estate Law for Indiana on
Answered on Aug 10, 2018
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.

The eviction is a separate...

Q: Am I required to have a copy of my lease if I intend to sue for return of my security deposit? 45 day rule was not met.

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Aug 8, 2018
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..

Q: I am the homeowner of property in Portage,IN & lease has expired& thetenants are 6 mo. behind rent I still need eviction

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Aug 7, 2018
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.

Q: divorced in 2014 I gave my x wife the house, I also told her it had to be taken out of my name by 2015 she didn't.

1 Answer | Asked in Divorce and Real Estate Law for Indiana on
Answered on Aug 1, 2018
William J Webster's answer
Jared,

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.

I hope the above...

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