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Indiana Landlord - Tenant Questions & Answers
1 Answer | Asked in Family Law, Personal Injury, Real Estate Law, Libel & Slander and Landlord - Tenant for Indiana on
Q: married, but had someone else move in and now they wont leave. even after notice. they will sander me what to do?

im married going through rough spot. my other is staying with family. we are still legally married. we never filed for a legal separation or anything. i was dumb and had someone move in. now i cant get them to leave. i gave notice of quit. week after the date they are still there. they said it had... View More

Charles Candiano
Charles Candiano
answered on Sep 10, 2024

You said it. You acted foolishly. The police are the "law enforcement" officers. If you don't want the police involved, how can you expect any assistance from the judicial system? If an eviction Order for a restraining Order is entered against the person living in your house, who... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I was evicted and I have to return to court for damages that are not my fault. Do I need a lawyer? If so, what type?

I didn’t owe any money. They actually owed me at the time the eviction was filed.

James L. Arrasmith
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answered on Apr 16, 2024

Facing court for damages you believe are not your responsibility is a challenging situation. Yes, it would be wise to have a lawyer by your side. Given the nature of your case, a lawyer with experience in tenant rights and property law would be most beneficial. They can provide guidance, represent... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If a tenant cannot pay their rent, can they be released from the lease if they use their deposit to cover unpaid rent

Tenants would vacate property willingly at end of rental period so no eviction notice would be needed.

James L. Arrasmith
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answered on Apr 16, 2024

In most cases, a tenant cannot unilaterally decide to use their security deposit to cover unpaid rent and then be released from the lease agreement. The specific rules may vary depending on the jurisdiction and the terms of the lease agreement, but generally:

1. Security deposits are...
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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlord fined me a pet cleanup fee, yet does not provide baggies at station. It says in lease that they provide them

The lease says to use the stations provided, yet the stations are empty. They said “those have never had bags in them” so I don’t see how they can fine me

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like your landlord may be in violation of the lease agreement by not providing the pet waste bags as stated. Here are some steps you can take to address this issue:

1. Document the problem: Take photos of the empty pet waste stations to show that bags are not being provided as...
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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can i still be evicted if landlord accepted rent after eviction judgement

Landlord pay sheriffs fee today to execute writ. I live in Indiana.

James L. Arrasmith
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answered on Mar 30, 2024

In Indiana, once an eviction judgment has been made and the landlord has taken further steps, such as paying the sheriff's fee to execute the writ of possession, the situation becomes more complex. Accepting rent after a judgment has been issued could potentially affect the eviction process.... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How much notice does a landlord have to give a tenant when they issue a lease non renewal notice on a year long lease?
James L. Arrasmith
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answered on Mar 30, 2024

The amount of notice a landlord must give a tenant for a lease non-renewal can vary greatly depending on the jurisdiction. Generally, for a year-long lease, landlords are often required to provide tenants with a notice period before the lease ends if they do not intend to renew it. This period can... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I be charged legal fees without going to court?
James L. Arrasmith
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answered on Mar 30, 2024

Yes, you can incur legal fees without going to court. Lawyers often charge for various services outside of courtroom proceedings, such as consultations, document preparation, negotiation, and legal advice. These tasks form a significant part of the legal work and can be essential for resolving... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I live in a mobile home park. I own my home. I was late paying rent but I paid it plus the late fee and then I paid the

Next month rent on time. But they are trying to charge me legal fees without going to court.

James L. Arrasmith
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answered on Mar 30, 2024

It's important to first review your lease agreement and any park rules to understand the conditions around rent payments, late fees, and additional charges such as legal fees. These documents usually outline what the park management can charge in situations of late rent payments. If the... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I need to know if I have rights to sue and what for

I was evicted after the property manager accepted partial rent . They altered the original court documents for possession and put a new date on it . Then only moved 3 items into storage out of my fully furnished apartment. The property manager also came to my door to confront me about asking the... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on your description, you may have grounds to pursue legal action for several reasons. If the property manager accepted partial rent and then proceeded with eviction, it might contravene agreements or local laws regarding eviction procedures. Altering court documents is a serious matter that... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Indiana on
Q: Can my landlord tell me I'm not allowed to have a Facebook account or any other social media accounts?

Recently I've been having problems with my landlord telling me that I need to delete my Facebook account or he would evict me over it. not for sure what to do about that.

Is there a law that states a landlord can tell me what I can and can't do on social media? I mean there's... View More

James L. Arrasmith
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answered on Mar 19, 2024

In general, your landlord cannot dictate your social media activities, such as maintaining a Facebook account, as long as your conduct on these platforms does not violate the terms of your lease or local laws. Your rights to privacy and free speech are typically protected under the law, unless your... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Maintenance entered my unit without my consent. Is this considered a case? I did not give permission for entrance.
T. Augustus Claus
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answered on Feb 7, 2024

In Indiana, landlords and their agents (including maintenance staff) are generally required to provide tenants with reasonable notice before entering a rental unit, except in certain circumstances such as emergencies or when immediate entry is necessary to prevent damage to the property. The... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Indiana on
Q: My package is lost, the property manager sign for it.

Landlord shall not be liable for theft, loss, damage or destruction of personal property, damage arising from the acts or negligence of other residents, the elements, or damages arising from acts or occurrences over which it has no control.

Resident agrees that Landlord shall not be liable... View More

James L. Arrasmith
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answered on Jan 24, 2024

In your situation in Chesterton, Indiana, where a package was lost after being signed for by your property manager, the terms of your lease agreement as you've described them indicate that the landlord typically is not liable for lost or stolen personal property. This includes situations where... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Is an appeal the right way to go? And if so, what should I base the brief on?

Missed hearing- court clerk gave invalid proceduresfor covid when i called and asked what their courts protocol was(like indybar and depthealth websites state/had representation that I never received counsel from. I had evidence of breach from landlord within 30 days, retaliation claim. And... View More

James L. Arrasmith
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answered on Jan 2, 2024

Filing an appeal can be a valid course of action if you believe that legal errors affected the outcome of your case. In your situation, where there were procedural issues like being given incorrect information by the court clerk and challenges with your representation, these could form the basis of... View More

1 Answer | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Indiana on
Q: Do I have to report "income" on real estate payment received only to cover the mortgage from current tenants?

Father's exwife owns the property. People that live in the house pay him, not her, directly the monthly amount to cover the mortgage payment on the property and nothing more. Is this considered "rental income" and should it be reported to the IRS? If so, who's taxes should it... View More

James L. Arrasmith
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answered on Dec 25, 2023

In this scenario, the money received from tenants to cover the mortgage is typically considered rental income and should be reported to the IRS. The key factor isn't the amount received but rather the fact that payment is made for the use of the property.

As for whose taxes it should...
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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I contest an eviction in Indiana or request a stay that I wasn't a dependent in?

My landlord filed an eviction against only one person using a lease from 2018. For the last 2 years however I've been paying him myself and had a verbal agreement to rent. Due to not being included in the eviction I was not able to present my receipts to the judge showing the tent was paid and... View More

T. Augustus Claus
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answered on Dec 19, 2023

In Indiana, if you were excluded from an eviction notice and couldn't present rent receipts to the judge, you have options to contest the eviction.

Consider filing a motion to set aside the judgment, providing evidence of your payments like receipts and bank statements. Request a...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Indiana on
Q: I am due 1640 from woodlake village and have not recieved payment. How do I go about getting this money?

I have recieved an invoice showing that I am due $1640 from Woodlake village and the time of 45 days has passed, it has been a year. I have been doing email corrspondence for a resolution but have not. I am actually owed more then the $1640 as I have the ledger showing this.

Tim Akpinar
Tim Akpinar
answered on Oct 25, 2024

An Indiana attorney could advise best, but your question remains open for a month. At this point, your options are to confirm where the matter stands in terms of return of your funds. Your post indicates that you have been emailing, "but have not... " Something may have been left off, but... View More

1 Answer | Asked in Tax Law and Landlord - Tenant for Indiana on
Q: We are going to sublet a building to use for our church. Will the building be exempt from property taxes?

(We will be the renters NOT the owners)

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answered on Oct 24, 2024

When you rent a building for your church, the responsibility for property taxes typically lies with the property owner, not the tenant. As a renter, you generally won’t be directly liable for paying property taxes unless your lease agreement specifies otherwise. It’s important to carefully... View More

1 Answer | Asked in Real Estate Law, Tax Law, Land Use & Zoning and Landlord - Tenant for Indiana on
Q: If u paid taxes for 20 years on a home that was left to myself and couple others it was behind in taxes wen I paid taxes

Paying taxes for years and plus remodeling can the others come in and take it from me

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answered on Oct 21, 2024

It sounds like you’ve put a lot of effort into maintaining and improving the home. When multiple people inherit a property, ownership is typically shared, and each person has rights to the property. Paying taxes and remodeling can strengthen your position, but it’s important to understand how... View More

1 Answer | Asked in Tax Law, Real Estate Law and Landlord - Tenant for Indiana on
Q: If u paid taxes for 20 years on a home that was left to myself and couple others it was behind in taxes wen I paid taxes

Paying taxes for years and plus remodeling can the others come in and take it from me and wat should I do

James L. Arrasmith
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answered on Oct 21, 2024

It sounds like you’ve put a lot of effort into maintaining and improving the home. When multiple people inherit a property, ownership is typically shared, and each person has rights to the property. Paying taxes and remodeling can strengthen your position, but it’s important to understand how... View More

2 Answers | Asked in Construction Law, Municipal Law and Landlord - Tenant for Indiana on
Q: Can a high rise apartment building block off one of only two fire escape exits in my building?

The building I live in is 9 stories tall and has two stairwells at each end of the building. There is one elevator that is very slow and breaks down every few months or so for a couple days at a time, and is operated by key fabs that have also malfunctioned. There is construction starting in our... View More

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2024

An Indiana attorney could advise best, but your question remains open for three weeks. This may be something that fire marshals or other local officials involved in fire protection & public safety would have the most insight into. Good luck

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