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Indiana Landlord - Tenant Questions & Answers
2 Answers | Asked in Contracts, Bankruptcy and Landlord - Tenant for Indiana on
Q: My wages are being garnished from me forgetting to take my name off the lease that my ex shared. How can I stop this?

I moved out of my apartment after I broke up with an ex a while ago. He stayed. I forgot to take my name of the lease and he can't keep a job, so now the creditors are coming after me. They've garnished my wages and now I can't afford food or gas. Please, what can I do to fix this?

Timothy Denison
Timothy Denison answered on Jul 29, 2021

File a chapter 7 or Chapter 13 to terminate the garnishment.

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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I may be moving interstate with 9m left on lease. Landlord said I have to pay the whole 9m on leaving. Is that legal?

So I may have to pay $7,450 on leaving? What happens if they lease it out in 1 month?

Troy Tyson
Troy Tyson answered on Apr 6, 2021

Technically, yes. However, in practice, most judges will require a landlord to show good faith in marketing and reletting the property to a new tenant, and generally a landlord is given 2-3 months for this purpose (some exceptions permitted for exceptional circumstances). Courts will usually... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: In Indiana if you have 9 months left on lease then evicted, do u still have to pay the remaining 9 months after eviction
Troy Tyson
Troy Tyson answered on Mar 17, 2021

In theory yes. However, after you leave the unit, the landlord has a duty to make a good faith effort to find another suitable tenant, and most judges will allow landlords 2-3 months to do this. Judges will usually be hesitant to find the tenant liable for anything more than that, under the... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on
Q: Can landlord sell the home after I have been renting for 19.5 yrs, lease isn't up and new people r sueing and evicting

Us what can we ask our lawyer to due, I don't believe paying for move and deposit, is enough after us loosing our home after 19.5 yrs, and during this pandemic and winter

Troy Tyson
Troy Tyson answered on Feb 10, 2021

Your landlord would not be prevented from selling the property to another owner. However, whether the new owners are justified in filing an eviction against you would depend on if you have violated a term of the lease or one of the tenant obligations called for under Indiana law.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I have been staying at a resident for 3 months and I receive mail but I'm not on the lease do I have to be evicted
Troy Tyson
Troy Tyson answered on Feb 3, 2021

That would depend on a variety of factors, including whether the landlord knows of your presence there. However, if you are staying in a location and the landlord is trying to kick you out, it might be better to just negotiate with them and request adequate time to move, rather than risk having an... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can we break a lease if our landlord isn’t doing anything about an almost daily nightly noise complaint we have to make?

Our neighbors have a sub woofer in their apartment and they play music all night long. We have called the complex’s courtesy officer, sent emails and have tried to set up meetings with management but they keep ignoring us. This has been going on for months and we have saved all our communication... Read more »

Troy Tyson
Troy Tyson answered on Jan 12, 2021

You should advise the landlord that you are prepared to take additional legal action if the problem is not quickly dealt with. A satisfactory informal resolution is probably your safest, quickest outcome here.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I need to move because of a job, can I break my lease, move, and continue paying monthly based on term of my lease?

I may need to move to another state with X months left on the lease. Can I break the lease, move out, and continue paying rent to them monthly until 1. I've paid for X months to cover the lease term or 2. They find someone to rent it before X months is up?

Troy Tyson
Troy Tyson answered on Dec 30, 2020

You will need to consult your lease and speak with your landlord. Typically, leases will spell out some provision that will allow a tenant to break the lease early, provided they pay for a certain number of additional months, or penalties, or both. Also, your landlord may be willing to allow you to... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Landlord - Tenant for Indiana on
Q: My roommate’s sister (now irate) was staying at the apartment for free and now won’t leave?

She screams at us daily, exposes herself to Covid-19 by traveling and then comes back to the apartment, and throws things and refuses to clean after herself. (She also is often drunk or high?) She’s acting violent and we have to lock our bedroom doors at night. We asked her to leave by the end of... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 12, 2020

Have either of you discussed it with the landlord. You or the landlord can also go to court to get an order to evict her. Your landlord may also want to change the locks on your appartment.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I sue landlord if illegally evicted during Corona outbreak. My county is a red zone and my family is at risk.

The house was not fit to live in to begin with I was never given a key to secure my property door was screwed shut. Power was disconnected at pole and landlord claimed to be making repairs to home but nothing was ever repaired or even looked at. Was still charged rent while power was disconnected.... Read more »

Troy Tyson
Troy Tyson answered on Dec 8, 2020

If the landlord already moved to evict you, then you will likely have a hearing to determine the validity of the eviction. at that time you will be able to raise any defenses you have, or counterclaims such as the ones you mentioned.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I paid rent in full from Aug. 2020 to May 2021. Can I get my money back for the remaining months I haven’t lived there?

I moved into this apartment with my fiancé in August of 2020. We were skeptical about moving here because we are college students and there were many things broken and wrong when we first moved in. We paid the landlord rent from August 2020 to May 2021. Our heater went out yesterday and there are... Read more »

Troy Tyson
Troy Tyson answered on Dec 3, 2020

You can file an action in small claims court for what is called "constructive eviction". If you are successful in your suit, you could be awarded legal fees and court costs, as well as be reimbursed for some of the rent and your security deposit.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can my landlord evicte me even thought im not behind in rent and I will be few weeks late this next month

He will be paid in same month but demand is on the 8th I have 10 day late period with $50 charge also he will not give me a written notice of coming to property

Troy Tyson
Troy Tyson answered on Dec 2, 2020

Late or non-payment of rent is a basis for eviction in Indiana. However, generally when a tenant is behind on their rent, a landlord is required to send a 10 day "notice to quit" to the tenant, outlining how much is owed, and giving them the opportunity to pay the full amount within the... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I’m not on the lease but have stayed here for a year and have utilities in my name can the tenant kick me out ?

I’ve Ben staying with my girl for a year and we recently broke up I’m not on the lease but she is and she’s now trying to make me get out threatening me with the police even tho I get my mail sent here and I pay for the electricity and other utilities everything in the house is mine like I... Read more »

Troy Tyson
Troy Tyson answered on Dec 2, 2020

It likely wouldn't be up to her, it would be up to the landlord. If you are not on the lease, have no right to stay there, and the landlord was unaware that you have been staying there, then the landlord can have you evicted.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How do I break a lease on a tenant who signed a two year lease. I need it to end at the one year.

Was having a roof replaced on the home, needed to go inside with the contractor. Went inside and I was appalled, it was disgusting. And there was a dog that I told her she was not allowed, which is definately NOT trained. I had been in the home on several occasions and it had never been like that... Read more »

Troy Tyson
Troy Tyson answered on Oct 29, 2020

You can seek to evict them for not taking care of the property. They likely have an obligation to do so either under your lease, or under I.C. 32-31-7-5. If they have failed to do so that could be grounds for eviction, and would allow you to terminate the lease early.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How often do landlords have to paint house in indiana?

How often do landlords have to paint house in indiana? We are in this house for 6 years now and they don't want to paint waste money of money as they said

Troy Tyson
Troy Tyson answered on Oct 29, 2020

There is no set time frame, but the landlord has a duty to keep the house in good condition. See I.C. 32-31-8-5. Hope that helps.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlord did not have a walkout checklist and is trying to orally price and claim damages on whathe thinks is ok

Due to covid, I lost my job and had to end my lease early. We agreed he would keep my first, last, and deposit along with another month of rent to claim my "30 days notice". He agreed if all that was done he would end the lease and invoice me for damages.

Upon the final walk... Read more »

Troy Tyson
Troy Tyson answered on Aug 3, 2020

You will likely need to show up to court at the damages hearing, and tell your side of the story to the judge. Be sure to come armed with any documentation that you have which will support your position.

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Indiana on
Q: My daughter, who has liver failure, has been staying with me for 1 1/2 mo. Now, her boyfriend is coming to stay.

He just got out of jail, and I don't know him from Adam. If things go terribly wrong and they get out of hand, how do I protect myself from them doing whatever they want here? My daughter stayed with me years ago and was physically abusive. When I went to throw her out- she told the cops she... Read more »

Troy Tyson
Troy Tyson answered on Jul 24, 2020

You may consider a protective order against the parties you are concerned about.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I be sued for not paying rent when landlord hasn't done repairs or replaced appliances?

4x finished basement (where master bedroom and bathroom are located) flooded and landlord didn't repair/replace drywall or flooring, I did. Told them it flooded and they didn't even offer to come clean up. I had to replace stove and fridge. Over year ago major plumbing leak and plumbers... Read more »

Troy Tyson
Troy Tyson answered on Jul 2, 2020

Yes, you can. Tenants in Indiana are required to pay regardless of whether or not the landlord is fulfilling obligations. What you can do, however, is sue the landlord for a breach of the lease agreement, and ask the court to award you back rent.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I was supposed to be Added to a lease but the rental property never sent me the paperwork can they kick me out

They were supposed to send me paperwork by email however they never did they took the time to meet my dog so they knew I was staying there as well as it had a pet but the money for my deposit on the dog and for adding me to the lease just sat untouched in the account my roommate and I are not... Read more »

Troy Tyson
Troy Tyson answered on Jun 19, 2020

If you have proof that they agreed to add you to the lease (e.g. e-mails stating this, or something along those lines) you may be able to prove in court that you had an agreement and should be able to stay.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My ex and I split up and we have two kids. What’s the process of being able to kick her out of my home?

The loan is only in my name, she’s lived here for 3 years

Troy Tyson
Troy Tyson answered on Jun 15, 2020

If she was your girlfriend (and not your wife), then in theory she has no right to stay there beyond your permission, and she must leave when you notify her. However, in practice, a court may find that because she has lived there for a long time and established a residence, she may be under a... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a landlord evict for calling them names, loud music, or your dog getting loose?

My kids left door open and dog has gotten loose multiple times. When landlord confronted my husband he cussed them out. They also said we play music too loud even though the sheriff said it wasnt too loud when he was called

Troy Tyson
Troy Tyson answered on Jun 4, 2020

This would largely depend on what is stated in your lease. It is possible that your lease could contain "nuisance" provisions, which would prohibit things like letting pets out, playing loud music, disturbing neighbors, etc. If so then it is possible your landlord could try to evict on... Read more »

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