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Indiana Real Estate Law Questions & Answers

1 Answer | Asked in Real Estate Law, Banking and Business Law for Indiana on

Q: Offer on home in Indiana. The seller won't sell unless the buyer of my home has a local mortgage lender. Is it legal?

I already have a signed contract from a buyer to purchase my home in Michigan. I can understand them requiring the purchaser of their home to have a local lender or whatever they want because it is their home. It doesn't seem to me like they have the right to infringe on my home sale.

Bruce Alexander Minnick answered on Jul 18, 2019

This question does not make sense.

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 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...
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1 Answer | Asked in Real Estate Law for Indiana on

Q: How long does a land lord have to give u for a eviction

Alexander Florian Steciuch answered on Jun 20, 2019

A landlord can move for eviction as soon as you are in violation of the lease agreement. This can be for many reasons but the most common reason for a landlord to file for an eviction is due to late rent. In Indiana a landlord has to post a notice to quit premises or pay giving the renter 10 days... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Indiana on

Q: My grandmother left in her will, her house to her son and disabled daughter. There was no stipulation for survivorship.

My dad passed first, then my aunt a few years later. They never transfered the deed after probate and neither had a will. She had no children or spouse. My dad was divorced with 4 children. We are at a loss as to how to deed the house in one or all of our names. We are in Indiana.

Kenneth V Zichi answered on Jun 19, 2019

This is likely a 'multistep' process -- was Grandmother's estate probated? But the deed was never given during the probate? You will need to reopen the estate and get the deed from Grandmother's name to the appropriate parties. Likely that deed will need to be 'tenants in common' which means that... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Indiana on

Q: The agency asked for a 1-y renewal 9m ahead. Can I cancel the contract, 2.5m ahead of the new lease starting date

I have been a tenant for 2 years in this house. I was not planning to buy a house soon, so I agreed to renew my lease when the agency asked for signing a renewal in Nov 2018. Meanwhile, an opportunity arose to buy a house and I promptly gave notice to the agency that I was planning to leave by July... Read more »

Bruce Alexander Minnick answered on May 8, 2019

If the new lease you signed in November does not start until July 25, signing the release agreement NOW will give the landlord almost 3 months to find a new tenant. The case law requires all landlords to make a reasonable effort to locate a new tenant in order to "mitigate" their "losses." If they... Read more »

2 Answers | Asked in Contracts, Family Law, Real Estate Law and Landlord - Tenant for Indiana on

Q: My abuser is living at my apartment and won't leave. He isn't on the lease so how can I get him out of there?

This is a domestic violence situation. My landlord wants to evict me because of the situation.

Bruce Alexander Minnick answered on May 7, 2019

Wait until he goes out for something he needs and then change the locks.

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1 Answer | Asked in Real Estate Law for Indiana on

Q: My landlord is selling the house and we just resigned the lease what are my options ? Will I need to move out ?

When the new owners take possession? I’m not late never have been .

Alexander Florian Steciuch answered on Apr 30, 2019

If your landlord has sold the house, you will have to sign a new lease with the new owners since your original lease agreement is with the previous owner. If the new owners do not wish to keep you in the house they will not sign a new lease agreement with you and you will be forced to leave if you... Read more »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Indiana on

Q: Was living in the house rent free so people wouldn't destroy it house was sold without my knowledge

Buyer asked me move right away how much time does he have to give me

Bruce Alexander Minnick answered on Apr 9, 2019

Whatever "free rent" agreement you had with the seller disappeared the instant the buyer acquired the house. So as far as the buyer is concerned you have no legal right to remain in the house; this also means the new owner has no obligation to give you any time to get out. Your best bet is to be... Read more »

2 Answers | Asked in Real Estate Law for Indiana on

Q: Seller refusing to close after signing purchase agreement. Any legal options to close the sale per agreement?

I completed a purchase agreement with a private seller to purchase an empty lot of land in Indianapolis. All of the title work is complete and checks out, but the seller cancelled the day of the closing. They have since been avoiding our calls and stalling for the last few months.

The... Read more »

Roland B Wilson III answered on Mar 26, 2019

Unless there is liquidated damages written in the contract, the only recourse you have is to recover any earnest money that you put down when you made the offer.

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2 Answers | Asked in Real Estate Law for Indiana on

Q: How long do you have to give a squatter before you get them out of your home

We have a niece that has lived in our home for11months and doesn't pay to live there ask to leave and will not

Roland B Wilson III answered on Feb 24, 2019

This really depends on the state. Each state has different requirements.

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2 Answers | Asked in Foreclosure and Real Estate Law for Indiana on

Q: Buying a home on contract in Indy but seller lives out of state. Am I bound by seller's state laws or mine?

I am behind on payments and the seller wants to enforce foreclosure laws of their state. They were included in our contract.

Roland B Wilson III answered on Feb 24, 2019

You are bound by the laws where the property is located.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on

Q: My tenant went to jail and will be there for awhile. Before he went I gave notice that I wasn't renewing the lease.

Now the lease is up, his belongings are still there, his significant other is complaining about not getting a 30 day notice (they got a pay or quit notice with 10 days. No rent was paid for January, and I have agreed to keep the sec. dep. as rent for January. She is insisting I still owe her 15... Read more »

Alexander Florian Steciuch answered on Feb 7, 2019

Once they have vacated the property you have 45 days to give them an itemized invoice for any damages they have caused or bills owed otherwise they are entitled to the security deposit to be returned. You need to follow the letter of the law or it could come back to harm you in the future.... Read more »

1 Answer | Asked in Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law for Indiana on

Q: are electricity bill is $629.00 and our house is still freezing and the land Lord is a jerk no ceiling in the bathroom

and you can see light through the roof do we have any options my husband is on ssd

Alexander Florian Steciuch answered on Jan 14, 2019

It does not sound like your heating works. Either that or your house is uninhabitable. Landlords have a duty to provide you with a safe and habitable living space. Notify your landlord, in writing (keep a copy for yourself), via certified mail of all the issues with the house and inform your... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on

Q: I reside in Indiana. If they raise rent and I inquire why, do they have to respond?

My landlord raises my rent each year (within the legalities of the lease). His reasonings are due to a rise in operating costs. I asked him to explain what these operating costs are in detail before I agree to signing a new lease (3 months from now). Is he required to inform me why my rent is... Read more »

Alexander Florian Steciuch answered on Jan 10, 2019

Your landlord is not required to explain why he is raising rent. If you believe that the rent increase is too high this is something you can bring to his attention and attempt to negotiate him down.

1 Answer | Asked in Intellectual Property and Real Estate Law for Indiana on

Q: I am listed with my brothers on property ET AL One is now deceased

We are only three on deed of property our father resided until his passing. One brother also died 15 years prior to my father. Now my remaining brother and I want to sell property. Will we be required to give a death certificate or other documents to transfer property to new owner? And would... Read more »

Alexander Florian Steciuch answered on Jan 8, 2019

Assuming that you owned the property jointly with rights of survivorship with your brothers, once your first brother passed away, his interest automatically transferred to the survivors (you and your other brother). If this is the case, you can take the deceased brother's name off the property with... Read more »

1 Answer | Asked in Real Estate Law for Indiana on

Q: Have property in Michigan family owned 8 siblings 7 want to sell. What can we do?

Alexander Florian Steciuch answered on Jan 8, 2019

I assume that in asking this that the 8th sibling does not wish to sell.

There are a number of routes you could take to sell the property or get the sibling on board.

You could petition a court to partition the property.

You and your other siblings could buy out the 8th...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Indiana on

Q: My landlord has not been paying his mortgage but I have been payinh rent. What can I do now. The bank wants me out now.

Never received any court papers or eviction notice. Been tenant for 3 years. Original landlords had passed and home went to their son. He said we would just keep it month to month per the lease.

Alexander Florian Steciuch answered on Jan 8, 2019

You need to figure out what is happening with this property through your landlord as soon as possible. While the bank is not your landlord, if there is a mortgage on the property and it is not being paid, the bank can foreclose on the property. As part of that foreclosure process, the bank will ask... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for Indiana on

Q: Did chapter 7 in 2009 been paying my house since over 8 years now I’m slow at work , they are doing a foreclosure while

Can u file again chapter 7 get rid of credit cards again and stop the foreclosure too save my house and then maybe sell it in a few years. But mostly I don’t want too loose my house and it’s going so quickly, is chapter 7 best way too save house or I also see so much talk online about it being... Read more »

Timothy Denison answered on Dec 15, 2018

You can file s Chapter 7 once every 8 years. Depending on your income, equity and financial situation, you may be able to do exactly what you propose.

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on

Q: What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the

What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the bank account and the house what will the other 2 sons get or how do we go about getting something and not all go to one son because his name is also on it

Oh and the... Read more »

William J Webster answered on Nov 10, 2018

In regards to the bank account, if your brother was on the account as a joint account holder, then the monies in the account will become his sole property.

In regards to the house, it depends how ownership of the house was titled. If your mother owned the property as tenants in common w/...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on

Q: Have a eviction court date Nov 15th I own trailer and lease lot Can i stop this by paying Can lanlord refuse payment

They are not the nicest people

Alexander Florian Steciuch answered on Nov 7, 2018

The landlord can refuse to accept payment and continue with the eviction. You could negotiate with the landlord to pay off the owed amount to stop the eviction, but you would need an explicit agreement that the eviction would be withdrawn as part of that payment. Unless you have a valid legal... Read more »

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