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Indiana Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: If I bought a house on land contract am I able to get out of it?

We bought the house a little over a year ago and we hate it. An opportunity for a better house in a better town closer to family has presented itself and we can't pass it up. We paid 2500 down and about 650 a month, with around 500-550 of it going towards the principal. If we understand that... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Sep 2, 2017

Whether or not you'd be able to get out of the contract is going to depend on the terms of your contract. Without that, it is impossible to say. Consult with a real estate attorney in your area to review your contract.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: I was given a 15 day notice to vacate. I am not able to move in that timeframe. Can I be forced to leave that day.

I am disabled and receive monthly income. The market is tough for low income rental in my town.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Aug 25, 2017

Unless this is a court ordered eviction, no, you do not have to leave that day. Notices to quit or vacate are usually posted by the landlord to force the tenant to pay up or make their rent current or leave the premises. If this is a court order, then yes, you do have to leave within that time... View More

1 Answer | Asked in Civil Rights, Small Claims and Real Estate Law for Indiana on
Q: sold a house while out of state and new owner wont let us retreive our possessions

movers were there at time of closing and new owner told them to leave or he would call the cops, 2 couches, a dinner table, and a jewelry box are inside. What are my rights on retrieving them, or are they now his property?

William C. Head
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answered on Aug 14, 2017

The description given is unclear. You SOLD a house, but left items inside it, after the sale? Was there anything put in writing about that? For how long were the items there?

You could either have a criminal case against them, or a civil case, but without any agreement, I have never heard...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: I have been renting my house to the same people for five years .We have not had a lease for 4 years I want to sell

I would like to sell my home there is no lease I have people interested in looking at the home . The people that rent it from me are military contractors and house trainees in it .I never go in the house without speaking to them first .I have approached them and told them I am wanting to sell and... View More

Ben F Meek III
Ben F Meek III
answered on Aug 9, 2017

Under most, if not all, states' laws, your tenants are month-to-month tenants. This most likely means that you can terminate the lease upon giving them 30 days' notice in writing. As for showing the house, it sounds like they are good tenants and easy to get along with, so you can... View More

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: We are joint owners in common. By heirs does that mean his children or wife or both his children are by his first wife t

He had a second wife at time of death

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Aug 9, 2017

I'm assuming we are continuing from the previous question you posted. Since you owned the property jointly in common then the property will go to his heirs. Since your brother died without a will he is said to have died intestate (without a will). Under Indiana's intestacy laws,... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: Can repairs be removed from commercial property at the end of the lease
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Aug 8, 2017

I think there may be an issue of terms here. Repairs are not something that are removable. If there the roof leaked and you made repairs to stop the leaking you cannot take the patch out or remove the shingles and take them with you. If a window broke during your time at the property and the lease... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: We live in Indiana have a property that is in me my sister and brothers name. My brother passed away in nov 2016 does

Does the property go to the people that are on the title if there was no will.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Aug 8, 2017

Good question. The answer depends on how the property was owned. If you owned the property jointly with rights of survivorship then the property automatically goes to you as you have rights of survivorship. You survived your brother and you now get his interest. If you were merely joint owners in... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: If I, the buyer, am writing an offer for a FSBO with sold "AS IS" can I have property inspected?

can I include a contingency for inspection and if I am not satisfied with the inspection can I walk away from the sale.

Vincent Gallo
Vincent Gallo
answered on Aug 6, 2017

You certainly can try; however, to dispense with the issue why not conduct all of your inspections now before you sign contracts? This way if you don't like what you see, you simply walk away.

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: Living in deceased parents home since 2010. Sister is executor of mortgage does she still have power of attorney
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 30, 2017

You're using terms that don't make any sense in this context. A person can be the executor of an estate. This happens after the person passes away and the probate process begins. The executor is in charge of the estate. The probate process passes along the former living's assets,... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: I have a week to week rental lease in a shared housing im paid up till July 29th they gave me verbal notice today

My rent is not due till July 29. They called me today and said I have to be out on the 29th or they will call the police and have me put out. They said they sold the place

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 25, 2017

They cannot just call the police to get you out. They have to evict you if you do not leave. The police do not throw out tenants on the street without a court order to do so.

However, since your lease is week to week they can choose not to renew. Proper notice if the lease is month to month...
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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: We bought a home on land contract registered at courthouse. Our contract expired. Can seller make us leave?

The seller now wants us to sign a new contract but wants it to be a lease to own with the option to buy. But wants us to keep paying thr same amount which includes property taxes and home owners insurance. We have never been late or missed a payment. We have been here for aprox. 8 years now.... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 17, 2017

This does not sound like a land contract at all. If you had a land contract at the end of the contract you should have received the title to the home and land, especially if as you say you never missed a payment or been late. If the land contract expired and you are still paying this person money... View More

1 Answer | Asked in International Law, Consumer Law and Real Estate Law for Indiana on
Q: A company approached me to buy my 1 week time share , out of Chicago area not sure I can trust them

they are working with title company to buy this for a chineese company. the amount sounds great , but in order to process, I have to pay the RFC fee to do business in mexico - in order for them to release by money by the government.

How do I trust them, not to loose 4000.00

Is... View More

Richard Sternberg
Richard Sternberg
answered on Jul 6, 2017

Sounds like a brand new variant of a popular scam. Check them out in full before paying anything.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: Can I be sued if I don't pay bills at an apartment I dont live in even though my name is on the lease?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jun 21, 2017

Yes you can. If your name is on the lease you can be liable for the rent, the utilities and other incidental costs. Moving does not cancel your obligations. Get your name off of the lease if you want to stop being responsible for the bills.

1 Answer | Asked in Real Estate Law for Indiana on
Q: My parents passed away 5 & 6 years ago. My oldest brother lives in the house.

My middle brother and I want nothing to do with the house. My oldest brother refuses to put the house in his name as he fears he will lose his disability. If he fails to pay taxes or utility bills can my middle brother and i be held responsible with anything regarding the house or can we walk... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 29, 2017

If the house is not in your name you do not own the house. If you do not own the house you are not responsible for paying the taxes or the utility bills. If you do own the house and you are on title then you should be concerned if the taxes are not paid.

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Indiana on
Q: My lease is up mid August and I am behind in rent. The landlord is trying to force me to pay double the rent amt. Legal?

Double rent and go month to month. She knows I cannot afford this. If I don't agree she still must honor my lease agreement and would have to evict right? I was trying to get to the point where I could buy the house, and did a TON of work with zero compensation when I moved in. What can I... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 11, 2017

It sounds like your landlord is attempting to avoid eviction with you by renegotiating your lease agreement, which is perfectly legal. You are under no obligation to agree to her new terms. If you do not agree to her new terms she must still honor your lease agreement have to evict you.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: If I paid a rent deposit, is the landlord obligated to return the interest from deposit after a few years?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 4, 2017

No. Indiana doesn't require a landlord to return interest from the deposit.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: As a renter, am I responsible for flood water clean up. If foundation is cracked can my lease be in void?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 2, 2017

It is very unlikely that as a renter you would be responsible for flood water clean up. Except explicitly stated otherwise in a rental agreement, landlords are almost always in charge of repairs.

Landlords have a duty to provide a safe and habitable living space for the tenants. Having a...
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1 Answer | Asked in Real Estate Law for Indiana on
Q: We have a signed purchase agreement with a FSBO home. The owner did not show up to closing and will not respond?

We upheld all of our requirements of the purchase agreement and paid for an inspection and appraisal. She said she was cancelling the agreement 3 days before closing without giving a reason and will not respond to us. She is actively trying to sell the house again on Craigslist for $13K more than... View More

Vincent Gallo
Vincent Gallo
answered on Apr 23, 2017

If you have a fully signed contract and you have satisfied all of your conditions that will allow for you to close, you could, if you have the financial inclination to do so, file a Notice of Pendency coupled with an action for Specific Performance to force her to sell you the real estate.

1 Answer | Asked in Libel & Slander and Real Estate Law for Indiana on
Q: Home bought that was stamped unsafe and unaware of it at time of purchas.

My husband and i recently bought a rent to own home in Muncie Indiana. After signing contracts and begining renovations we were informed by a city inspecter that the home was deemed unsafe for habitation and the we may have legal action because after the inspector reviewed the contracts discovered... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 20, 2017

You need to consult with a real estate attorney in your area ASAP. Depending on the reason for why the home was deemed unsafe for habitation and whether or not the previous owners knew about it, the previous owners could be liable for any damages related to having to find a new place to live as... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: My mother in law has a mortgage on a house and has been letting someone live there for the past 7 1/2 months .

She no longer lives in the house and the guy who is living there was supposed to pay her the amount of the house payment every month. He has only paid her about 500 dollars since he moved in. There is no signed lease and she wants him to move. Can she make him move with out filing a eviction notice... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 17, 2017

No. You will have to go to court and obtain an eviction order. This can usually be done without an attorney.

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