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Indiana Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: can i sue if i was sold an apartment with bedbugs

i have reasons to believe that i was sold an apartment with bedbugs. i was told by pest control (witch i payed for) that when you see black spots in the corner of the ceiling you might have bed bugs. go back a year when i got the apartment ive taken and sent pictures of black spots before i moved... Read more »

Troy Tyson
Troy Tyson answered on Apr 3, 2020

A landlord has an obligation to provide you, as the tenant, with a safe, clean, habitable home. If they fail to do that, you can bring an action against them to terminate the lease and seek damages. Whether or not you can build a case from the facts you've given is a separate issue, and it is... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a landlord threaten you with eviction if you have a visitor who is a felon?

My grandma lives in an apartment complex for elderly people and her son will getting out of prison in a week and her property manager told her that if he is caught on the premises they will call the cops and have him arrested for trespassing are they allowed to do that?? He has been in prison for... Read more »

Troy Tyson
Troy Tyson answered on Mar 23, 2020

It depends largely on what is in the lease and what their basis is for blocking him. Landlords to have wide latitude to restrict people from their property if it is in the interest of safety.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I give me tenant a 30 day notice to vacate?

Hello. I have a rental property and have tenants that’s been living there for almost 3 years. Every year I have to call them several times and contact 5 different people to get them to send over the new lease agreement. Every other month I’m getting letters from waste management threatening to... Read more »

Troy Tyson
Troy Tyson answered on Mar 18, 2020

If your tenant is on a month-to-month lease then yes, you can terminate that lease by sending them a 30-day notice of termination. I would recommend sending it to them certified mail so that you have proof of acceptance. Once the 30 day period has passed their lease is terminated. However, you... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: A tenant wishes to move to an upgraded rental. Can thet agree to transfer the secuirty deposit to the new lease?
Troy Tyson
Troy Tyson answered on Mar 6, 2020

Certainly ... if the landlord agrees to it.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: LL gave us a 90 notice to vacate due to “unforeseen circumstances.” Is this legal? They stated that they are being

charged a penalty of $1000/month for us living here. Sounds like they have an issue with the mortgage company (maybe they weren’t allowed to rent the property) and haven’t offered anything more than return our deposit the day we vacate. We were supposed to be gone by today and have been unable... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 4, 2020

In Indiana, your landlord cannot remove you from the property without a court order in the form of an eviction. It sounds like your landlord might not actually be the owner of the property, but either a tenant themselves who is subleasing this property to you or they may not have been authorized to... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Is there any compensation due to the tenant when the landlord terminates the lease after 3 months into a 6 month lease?

The landlord sent a letter to me stating she was terminating the lease and that this letter served as her 30 day notice. I objected but she said she had the right to terminate the lease with the 30 day notice. I did tell her I would need some kind of compensation. She said no to that.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 4, 2020

There are a very narrow set of circumstances where a landlord could unilaterally terminate the lease, usually owing to destruction of the property due to a natural disaster or fire. If you had a six month lease though, then that is how long the landlord is liable to rent the property to you: six... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My tenants has moved someone in with out notification of any kind is this allowed and can i leagally raise their rent

This will be the 3rd time they have done this first two tumes they tried to brush it under the rug and did it again yesterday while i was outta town with out ant knowledge of mine

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 4, 2020

If your lease agreement does not allow for sub-tenants and the tenants are in violation of your lease agreement you can evict them for being in breach of the lease. It would be best to notify them first in writing that they are violating the terms of the lease agreement and give them their 10 day... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: our Indpls, IN rental home tenants refuse to put utilities in their name, been 4 months, can we evict without court
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

There is no option to evict without a court order in Indiana. In Indiana you must obtain a court order to evict someone from the rental property.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: is it breach of lease in Indpls if tenants refuse to put utilities in their name? We've given them notice
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

If part of the lease agreement is that the tenants were to put the utilities in their name and are failing or refusing to do so then that is considered a breach of the lease.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a landlord enforce a rent increase without proper notice?

I live in section 8 housing and received a letter dated 2/20/2020 that states my rent has been increased from $204 to $509 effective 1/1/2020. My husband and I don't work any more than we did last year and aside from the alarming increase, is this even legal considering they're notifying us nearly... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

Consult with whomever handles your Section 8 housing. Rent increases and notification for rent increases are strictly controlled under Section 8 housing, with notification being required to be sent to both the tenant and the housing authority and approval has to be obtained by the housing authority... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a land lord enter my apartments if I been evicted before the order to date to get out
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 12, 2020

Your landlord can enter your apartment with reasonable notice (usually 24 hours) for purposes of inspection, repairs, maintenance, etc., even if you have been evicted but not moved out yet. Your landlord may also enter your apartment for emergency repairs in order to prevent further damage or to... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I live in indiana and rent from a property manager. Can they raise my rent and charge me for maintenance
Troy Tyson
Troy Tyson answered on Feb 4, 2020

It largely depends on what is stated in your lease. Review that carefully.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How long does my landlord have to fix a pest infestation in my ceiling? Can I break lease if not fixed

This has been going on for over a month. They say it's fixed and critters still up there scratching. My daughter is scared to be here at night from the noise. I'm about to move out and pay the fee for a buy out but dont feel I should have to due to reason for moving.

Troy Tyson
Troy Tyson answered on Jan 20, 2020

There really is no fixed time, it depends on the situation. Generally, 14-30 days will be given as the benchmark. You need to make sure that you document all of your efforts to communicate the issue to the landlord, as well as their efforts to correct the problem. You should also seriously consider... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: a judgement of how much I owe My landlord I have a hearing for discussion of finances Do I have to appear
Troy Tyson
Troy Tyson answered on Dec 23, 2019

Yes, this is called a "damages hearing" and you are required to appear. You will have the opportunity to dispute any charges the landlord is claiming. In many courts, the parties are allowed to speak in advance of the hearing to sort out any disputes. If you do not appear, the judge may award the... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Eviction is a mess
Tim Akpinar
Tim Akpinar answered on Oct 11, 2019

Part of your question might have gotten left off in uploading. If you could repost with additional details (do not include personal information), that might enable an Indiana attorney to meaningfully assess the matter. Good luck

Tim Akpinar

1 Answer | Asked in Environmental, Health Care Law and Landlord - Tenant for Indiana on
Q: How do I go about getting information about how to get my landlord to spray for cockroaches in my house with out evicted

Without being evicted is what I meant to say

Tim Akpinar
Tim Akpinar answered on Oct 9, 2019

You would get the most meaningful input here from an Indiana attorney who knows landlord-tenant law. But your question remains open for four weeks and you include Environmental/Health Care as categories. If your apprehension about disturbing your landlord is based on a fear of creating expense, you... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Indiana on
Q: My fridge needs a new water filter, and it's not specifically stated on the lease as my responsibility. Who pays?

Landlord considers this "minor maintenance," but again, lease leaves a gray area. It specifically lists light bulbs and furnace filters, but not water filters. Also, replacing filters is good for the long-term health of the appliance they own and provide via the lease, so Indiana Code would... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 27, 2019

You raise valid points, but from a practical standpoint, footing the cost of a water filter could be less expensive than the fallout of possible damage to your landlord-tenant relationship. Good luck

Tim Akpinar

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Indiana on
Q: Does a landlord have to give u a written eviction notice and does he have to give u 30 daya to get out?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 20, 2019

If your landlord seeks to evict you they will have to serve you the petition to the court. This is usually served by the local Sheriff and is affixed to the property or served personally.

The amount of time you remain in the property is entirely set by the court. There is no '30 days to get...
Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I notified landlord of water leak & water damage day I moved in. Deposit withheld for water damage. File in sml claims?

Water damage was never addressed. Landlord says after initial leak fixed, there must have been additional leaks not reported that contributed to water damage. Therefore, I was responsible for the water damage. I have a text I sent notifying them of the leak and water damage. Should that text be... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jun 19, 2019

No one here will be able to give you a yes or no answer as to whether or not a single piece of evidence is enough to win a case or obtain a judgment against another individual or entity. A lawyer can only give you their informed professional opinion on a case after reviewing all of the facts and... Read more »

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