Get free answers to your Real Estate Law legal questions from lawyers in your area.
She won't get a job to help with her part of bills. Can I evict her?
answered on Apr 14, 2017
Yes but you will have to go about it the same way every other landlord does. Go down to your local courthouse, go to the Small Claims desk, ask for a small Claims form for landlords, pay the service and filing fee, get your court date and show up at the specified times. This can usually be done... View More 
If I do, what if she is a hard drug user and I want her out immediately because I have small children.
answered on Apr 7, 2017
This is a tricky situation. You will have to evict her if she has been living with you for a while. You can try to file for an emergency eviction and immediate sole possession of the property at your local courthouse based on immediate danger or even a theory of her committing waste. You could also... View More
I have a brother (early 50s) with some severe disabilities and physical limitations. He has not been getting any hours in his part time job so my sisters and I have been supporting him. We have found a house in our hometown and are moving him back in a few weeks to help him and support him while he... View More
answered on Apr 3, 2017
Your brother can break his lease for any reason. Whether or not that reason excuses your brother from payment of rent to the landlord is another question. Hardship is not one of those reasons unfortunately. If your brother needs to break the lease because he cannot pay it he needs to make sure that... View More
She is moving out and said she is filing chapter 7 bankruptcy. Does that mean we will lose the house? What are our options ?
answered on Mar 30, 2017
No, you will not likely lose the house unless it is subject to a mortgage that is in default, and bankruptcy is usually an event of default in mortgages (still the debt could be reaffirmed in the bankruptcy in order to keep the house, depending on several factors, including whose debt it is). But... View More
I've tried to be neighborly but have recently had more issues with him on another tree. Do I have any options for the one that happened 3 years ago and is their anything I can do about a tree that is dead center on the property line that I want gone but he doesn't?
answered on Mar 25, 2017
Most likely yes, the statute of limitations has passed. You had 2 years from the actual occurrence of the tree falling onto your house during the storm to bring a claim against him.
As for the one that is on the property line, if it is on your property, feel free to take care of it... View More
I live in this condo. I have roommates in the basement who do not have a written lease with me. Only verbal.
answered on Mar 13, 2017
It is going to depend where you live. There is no statewide renter system or database. Some cities require all rental units within their jurisdiction to be registered. For example, Bloomington requires that your property be registered with the city and inspected if you are renting out rooms or the... View More
What can I do about this?
answered on Mar 11, 2017
If all of you are on the deed you should all have access to pay the utility bills. If your sister is supposed to be paying the utility bills but is not, stop paying her for the utility bills and contact the utility companies directly to pay off the outstanding balances in order to get the power and... View More
This is in Indiana
answered on Mar 10, 2017
You should review the terms of the contract with an attorney. Many contracts contain provisions governing what happens in the event of the death of one of the parties. Generally speaking though, just because one party is deceased does not mean that the contract is terminated instantly.
Nothing in lease about if building is sold.
answered on Mar 4, 2017
When real property is sold to new owners the new owners take the property subject to the lease agreements. Unless the property was acquired through a foreclosure, the new owners cannot evict you unless your lease dictates otherwise. The new owners can evict if you fail to pay rent, commit waste or... View More
answered on Mar 4, 2017
Yes. In Indiana, if there is a security deposit, the landlord must give an itemized list of deductions from the security deposit and return the security deposit minus the difference of any deductions within 45 days after the tenant has surrendered and vacated the property. You may have to resort to... View More
Renting and landlord keeps stalling but keeps harassing us about past due rent when my wife was ill and I didn't know it wasn't being paid when I found out I spoke with landlord to work out something now she's harassing me about my taxes which I've kept her up to date on even... View More
answered on Mar 3, 2017
Unfortunately, your options are limited. Your landlord is constructively evicting you by not providing working heat and water. I suggest vacating and surrendering the property to the landlord and finding a new place to live if the property is unsafe and there is no heat.
You need to consult... View More
I'm a proprietor of a home my grandma owns but I currently live in it. I pay all the mortgage insurance and taxes
answered on Feb 5, 2017
Check the homeowners policy for coverages and exclusions. That is controlled by contract. Your first call should be to the insurance agent.
His brother was made executor but his grandparents requested that my husband stay in the house. His brother holds the deed.
answered on Jan 22, 2017
This is more of an Estate law question than a real estate question. Consult an estate lawyer.
The will specifies the property is to be sold and split 4 ways. Items are disappearing and lots of traffic in the home.
answered on Jan 16, 2017
As Personal Representative (which is what Indiana and many other states now call 'executors') once your Father dies you have a DUTY to both file for probate and 'marshal the assets' which means protecting them. If things are disappearing and you don't have control of the... View More
answered on Dec 24, 2016
If you were awarded the house in a dissolution decree, have your lawyer prepare a Quitclaim Deed and record that deed before renting out the house, if possible. This protects both you and your tenant from possible meddling by your ex.
I have been here 18 years. The realtor is trying to force me to move my mobile home over as it sits on the land she is selling by 6 feet. Can she legally force me to do this?
answered on Oct 27, 2016
It sounds like you are an adverse possessor. Contact a lawyer who handles real estate law in your area to see if you can work out an accommodation with the owners.
I'm afraid they may have influenced appraisal. Do I have any recourse?
answered on Oct 8, 2016
Appraisers are certified and have ethical standards. If you are concerned, get a second appraisal.
I’m handling an Indianapolis rental house under my Dads name only in a Nevada IRA. Now I find in 2013, my niece put a lien against the house and didn't tell anyone. If I sign a contract with a title agency to sell the house I fear they may sell with a lien/mortgage on the house. Are my... View More
answered on Oct 8, 2016
In order to transfer title to a house, you must account for all liens and encumbrances. The lien will have to be satisfied and released. Contact a real estate attorney to make sure the transfer is handled properly.
Does a real estate agent have to be involved just for my mom giving it to my brother? There will be no exchange of money.I, the oldest child, will be going to Texas afterwards to empty out the house. There are still items in the house that belonged to my grandmother. I will be getting a home... View More
answered on Oct 8, 2016
The laws of the State of Texas will control, since the real estate is located there. Contact a real estate lawyer in Texas to prepare the deed and any power of attorney that needs to be executed. You should also get a title search done to make sure there are no outstanding liens or property taxes.
answered on Oct 1, 2016
If a home is in foreclosure and your name is on the title, you should consult a real estate attorney about executing a quitclaim deed giving up your interest in the property. Be sure to take any documents concerning the foreclosure with you. You want to be sure that you have no exposure in the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
