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Indiana Landlord - Tenant Questions & Answers
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.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlady just told me that she got together with other local landlady/lords and that they are all raising rent.

Someone told me that this is price gouging and coercion. Is this true

Michael Ray Smith
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Michael Ray Smith
answered on Jun 16, 2022

Depending on the specific facts, it could be an antitrust violation known as price fixing. To find out more, contact an attorney who practices in the area of antitrust or the Indiana Attorney General's office.

1 Answer | Asked in Personal Injury and Landlord - Tenant for Indiana on
Q: Can you still sue for losses if they changed power of attorney over if it happened before they changed power of attorney

In other words can you pursue their assets if it happened before they changed power of attorney over

Charles Candiano
Charles Candiano
answered on Mar 17, 2022

You posted this under landlord-tenant law but you are asking about a power of attorney. You need to provide more details before anyone can provide a meaningful response. Questions that you should address when you repost this include:

Are you the tenant or the landlord?

How are you...
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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I live in Indiana. I am renting a house through a property management company. The owner of the property sold the home.

The new owner is with a different property management company. Do I have to remain in the lease

Michael Ray Smith
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Michael Ray Smith
answered on Feb 11, 2022

It depends on what the lease says...but probably.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Personal Injury and Contracts for Indiana on
Q: having persistent issue of sewers backing up into home for over 5 years in a row, i own the unit , an rent the land
Charles Candiano
Charles Candiano
answered on Nov 7, 2021

I assume you do not want a plumber so you really need to ask a legal question, though it seems apparent you need to have check-valves installed to prevent back-up.

2 Answers | Asked in Bankruptcy, Real Estate Law and Landlord - Tenant for Indiana on
Q: If property sold to me has a shed with a lien on it and property sold as is, is the shed mine?

Co owner financed shed, filed chapter 7, property sold to me as is by trustee. Can co owner now remove said shed? Shed was exempted under bankruptcy as part of this property. Co owner being evicted and wants shed. I've paid all taxes for shed and it is listed as part of this property sold... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 31, 2021

When an improvement (e.g., that shed, or a house built on the property) is made to real property, it often becomes part of the real estate, i.e., a "fixture". When that happens, a conveyance of the property normally includes fixtures.

Your state's laws determine what might...
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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
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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.

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