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Indiana Landlord - Tenant Questions & Answers
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 Landlord - Tenant for Indiana on
Q: Can a motel manager go to jail for locking out a tenant who refused to pay rent after 3 months of being there.

It was a notice for them to go to office to pay or leave and has had an eviction notice afterward.

T. Augustus Claus
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answered on Oct 18, 2023

In Indiana, a motel manager cannot typically lock out a tenant without following the proper legal eviction process. Engaging in a "self-help" eviction, such as changing locks or physically removing a tenant, is generally illegal and can result in legal consequences. The legal eviction... View More

1 Answer | Asked in Municipal Law and Landlord - Tenant for Indiana on
Q: What happens if a family member refuses to remove a camper and personal items of your property?

She refused the eviction letter and green card should be coming back to us ,

James L. Arrasmith
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answered on Oct 15, 2023

If a family member refuses to remove a camper and personal items from your property after being given notice, you may have legal remedies available. Typically, the next step involves initiating a formal eviction process through your local court. After obtaining a court order, if the family member... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a Indiana landlord force me to do automatic payments?
T. Augustus Claus
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answered on Oct 12, 2023

In Indiana, a landlord generally cannot force you to use automatic payments for rent unless you have agreed to this method of payment in your lease agreement. If your lease does not specify that automatic payments are required, the landlord usually cannot mandate this payment method. Some landlords... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: What damages can I recover from a illegal eviction in indiana?

Case was decided as a illegal eviction in court I was put on the street and homeless for a month without any of my belongings

T. Augustus Claus
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answered on Sep 6, 2023

In Indiana, if you've been a victim of an illegal eviction, you may be eligible to recover various types of damages. These can encompass actual financial losses related to the eviction, punitive damages if the landlord's actions were particularly wrongful, attorney's fees and court... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: What does a tenant do when a landlord refuses to take rent payment
T. Augustus Claus
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answered on Sep 4, 2023

When a landlord refuses to accept rent payment in Indiana, it can create a challenging situation for tenants. It's essential to document all attempts to pay rent, including copies of checks or money orders and any communication with the landlord. Start by sending a written letter or email to... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can your landlord let rent a center into your home to reposess items if you are behind on 2 payments w/o your approval
T. Augustus Claus
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answered on Aug 30, 2023

A landlord generally does not have the authority to allow Rent-A-Center or any other third party to enter your home without your permission to repossess items, even if you're behind on payments. Landlords have certain responsibilities and limitations when it comes to entering rental... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: The house I live in one of the Roomate said he’s going to go to the police to get all of us kicked out

He’s being evicted and he said he’s going to the police to tell them that we’re felons and recovering drug addicts to get us kicked out because he’s being evicted. Is that possible?

John Michael Frick
John Michael Frick
answered on Aug 18, 2023

Typically, police don't evict people. That's something a landlord does. While telling police might draw some scrutiny from police seeking to file criminal charges against you, telling the landlord would be the more effective way to get you evicted.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: What does it mean if the case has been moved to plenary docket

Case was over eviction

T. Augustus Claus
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answered on Jun 29, 2023

When a case is moved to the plenary docket, it signifies that it is transitioning to the stage where a full trial or hearing on the merits will take place. In the context of an eviction case, it means that both parties will have the opportunity to present their respective arguments and evidence... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: Eviction of family member, no lease...?

[Indiana] - My brother-in-law wants to sell me a house that his ex-girlfriend and biological daughter reside in. There is no lease in place, nor formal rental agreement. If I purchase this house, can I ask the ex-girlfriend to leave or is there a formal "eviction" process that I need to do?

Peter J. Weinman
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answered on May 11, 2023

You can always ask, but you must commence a formal eviction if she chooses not to go. Evicting family is never easy, and courts (at least from my New York perspective) are sometimes sympathetic to tenants in these situations, so you should speak to an attorney to discuss your possible outcomes and... View More

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Indiana on
Q: Rent to own contract was broken by the landlord (owner/ seller) of the house, can I take them to court?

Landlord agreed to rent to own for $110,000. Landlord got a different mortgage on a new home they purchased and said they couldnt have this house( the one I was already renting to own for 5 years) as a rent to own anymore. Can I take them to court for the money I put into owning the house since... View More

Peter J. Weinman
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answered on Mar 24, 2023

Your rent-to-own contract should outline your rights and remedies. Assuming an attorney represented you when you entered into that agreement, you should speak to that attorney for advice. If you had no attorney, from my NY perspective, unless your contract prohibits it, you would need to bring an... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How Can my fiancé get his ex name that moved out a year ago off a rent to own lease that is paid in 4 months?

Mi fiancé rents to own a trailar and in December it will be his however he’s been paying for it for 6 years and 6 years ago he was with his ex they was never married but he added her to the lease. She moved out a year ago and I moved in and it’s been nothing but hell how can we get her off the... View More

John Michael Frick
John Michael Frick
answered on Sep 13, 2023

The best way to resolve this problem is for your fiance, his ex, and the lessor to draft and sign an agreement between themselves removing her from the contract.

1 Answer | Asked in Intellectual Property, Real Estate Law, Constitutional Law and Landlord - Tenant for Indiana on
Q: Can my ex-wife filed for immediate position of a property purchased by both of us and the property my business is on?

Me and my wife was married, divorced 5 years now but have been in a relationship during those 5years I own My own business Repairs on R.Vs The property my business is on is in my ex wifes name and now that we have went see ways shes evicting me from my business with property purchased by both of... View More

James L. Arrasmith
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answered on Aug 29, 2023

Given that your business is operating on this property, the stakes are high, and immediate legal consultation is advisable to protect your interests.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I expedite an eviction.

My boyfriends mother resides with us. She called and reported a domestic dispute between she and her son. The cops issued no arrests or charges. She stated she plans to press charges. I will issue a notice for her to leave tomorrow. Due to the situation can I expedite the timeframe.

T. Augustus Claus
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answered on Aug 3, 2023

Generally, you will need to provide a written notice to the tenant, giving them a certain number of days to vacate the property. The required notice period can depend on the reason for eviction, such as non-payment of rent or violation of the lease terms.

1 Answer | Asked in Contracts, Collections, Landlord - Tenant and Small Claims for Indiana on
Q: My roommate is refusing to pay their half of the rent. What can I do to get them to pay? Both our names are on the lease

I moved into an apartment with my girlfriend, both our names are on the lease. She ended up cheating on me and moving out after 2 weeks of living here. She says that she will not pay any rent and so far has refused to. The leasing office informed us on during the signing process on numerous... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 18, 2022

It's possible that you have a suit against her for contribution, but just because you can sue someone doesn't mean that you are going to get anything from her. See a local lawyer for advice. This is not a criminal matter.

I hope you can cover the rent on your own.

1 Answer | Asked in Bankruptcy, Collections, Landlord - Tenant and Small Claims for Indiana on
Q: Can I fight judgement interest if I wasn't notified of the judgement?

I received proceedings supplemental in May of this year for $9000 the original judgement was for $6000 dollars. I had no idea about the judgment as I was never served papers and never notified of any judgement against me. Will I be able to fight the interest accrued?

Timothy Denison
Timothy Denison
answered on Jun 30, 2022

If you were not served, yes. Otherwise, likrly not.

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