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Indiana Real Estate Law Questions & Answers

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on

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

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 bank account and the house what will the other 2 sons get or how do we go about getting something and not all go to one son because his name is also on it

Oh and the... Read more »

William J Webster answered on Nov 10, 2018

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/...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on

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

They are not the nicest people

Alexander Florian Steciuch answered on Nov 7, 2018

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to pay off the owed amount to stop the eviction, but you would need an explicit agreement that the eviction would be withdrawn as part of that payment.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... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Indiana on

Q: Is there a difference between real and personal property?

Tim Akpinar answered on Oct 14, 2018

A first semester property law class in law school could devote a month to this question. On a very superficial level, real property is land, buildings, and immovable structures. Personal property is property that can be moved. Naturally, there are many subtleties and distinctions when one looks... Read more »

1 Answer | Asked in Real Estate Law for Indiana on

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

I signed a one year lease on an apartment. I paid the full security deposit and all the furniture and household items in the apartment are mine. During the year, my boyfriend moved in, but was never added to the lease. After the lease expired, I went to a month-to-month lease. A few months... Read more »

Alexander Florian Steciuch answered on Oct 12, 2018

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.

1 Answer | Asked in Real Estate Law for Indiana on

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

They are selling the home and evicted my family with a 30 day notice. We have 5 kids and my 9 month pregnant girlfriend.

Alexander Florian Steciuch answered on Oct 8, 2018

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.

1 Answer | Asked in Real Estate Law for Indiana on

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?

Alexander Florian Steciuch answered on Oct 2, 2018

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.... Read more »

1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for Indiana on

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

Got notice of Motion for 41E dismissal today, September 22, and I'm not sure what it means. Can I fight this eviction as I was no longer under a lease or even in the property?

Alexander Florian Steciuch answered on Sep 25, 2018

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... Read more »

2 Answers | Asked in Real Estate Law for Indiana on

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

There is 2 loans taken out on house the first one is the mortgage which just has my grandma on it the second loan has her name and my husband as cosigner

Vincent Gallo answered on Sep 9, 2018

Yes, because the grantees in the deed took subject to the cloud of the pre-existing mortgage.

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1 Answer | Asked in Real Estate Law for Indiana on

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

Alexander Florian Steciuch answered on Aug 27, 2018

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.

2 Answers | Asked in Real Estate Law for Indiana on

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

Vincent Gallo answered on Aug 25, 2018

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.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on

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

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

Alexander Florian Steciuch 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... Read more »

1 Answer | Asked in Car Accidents and Real Estate Law for Indiana on

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

I put my truck in reverse the throttle stuck open I was unable to stop. I hit a carport style garage in a trailer park; I also hit the truck inside both uninsured. Along with their neighbor's vehicle that was insured. I was driving my boyfriend's vehicle , also uninsured. We all live in a trailer... Read more »

Ary Avnet answered on Aug 10, 2018

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... Read more »

1 Answer | Asked in Real Estate Law for Indiana on

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.

Landlord stating home was left in disrepair but I have pictures of EVERYTHING and house was broom swept and mopped.

Alexander Florian Steciuch answered on Aug 8, 2018

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... Read more »

1 Answer | Asked in Real Estate Law for Indiana on

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

I have to hire a lawyer ?

Alexander Florian Steciuch answered on Aug 7, 2018

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... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Indiana on

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.

She up an left the house in summer of 2017 she told me keys were on counter that it was mine again. An after 7 months of cleaning she had me thrown off property she lives at another house we both live in Lagrange Co. Indiana. House in question is at 104 cemetery st Wolcottville, Indiana please help... Read more »

William J Webster answered on Aug 1, 2018

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...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on

Q: Can a landlord charge me more after the security deposit once I have moved out, based on that apartment's dirty?

The landlord already has my security deposit. Can they charge more as "cleaning/ fixing fees"?

Alexander Florian Steciuch 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 bit of...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Indiana on

Q: I plan on constructively evicting myself from my apartment, what is considered uninhabitable in order for me to do this?

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? There is... Read more »

Alexander Florian Steciuch 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 habitability.... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Indiana on

Q: Do both my ex wife and I need to sign as grantors of a quit claim deed to remove her from the deed?

Both of our names are currently on the deed. This is in Morgan County of Indiana.

Alexander Florian Steciuch answered on Jul 30, 2018

Your ex-wife could disclaim her interest in the property on her own, leaving you as the sole owner. She would still have to have a new deed drawn up showing that she transferred her interest in the property to you.

1 Answer | Asked in Estate Planning and Real Estate Law for Indiana on

Q: How much notice do you have to give a family member to vacate after a homeowner dies in Indiana?

My mom lived with my grandma, who recently died, for decades. The house was placed in a trust that is supposed to be divided between her and her siblings evenly. Her siblings now want to sell the home and are trying to kick her out immediately. I just want to know what her rights are.

Alexander Florian Steciuch answered on Jul 30, 2018

I am sorry for your loss. If your mother was living with your grandmother and your mother refuses to leave the property, she will have to be evicted. That means going to the local courthouse, filing with the appropriate court and getting a court date to obtain a court order granting the trustee... Read more »

1 Answer | Asked in Real Estate Law for Indiana on

Q: Can a LL change lease break from 1 mo. rent to 3 after I agree to proceed w orig terms? (nothing signed yet just emails)

Contacted 2.5 months in advance for lease break policy. Was informed I would have to pay fee equal to one months rent and all rent until new tenant moves in. I agreed to proceed, at which point I was told the leasing company had to get permission from home owner. They've received this permission,... Read more »

Alexander Florian Steciuch answered on Jul 24, 2018

You should consult with a local landlord/tenant attorney. The best course of action is to document everything that has occurred, including all of your communications and the lease breaking policy in case this ever has to go to court. Until then, find a local landlord/tenant attorney and at least... Read more »

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