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Indiana Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: Hi! Lease is up March 30th. New rental fell through. What are options if they will not rent monthly?

Tenant is pregnant and due at the same time lease is up. Hoped for apartment fell through. She is actively looking for new rental and very worried. What are her options if they refuse to rent her the apartment monthly until she finds a place? We do not want to take advantage of Them but moving... Read more »

Troy Tyson
Troy Tyson answered on Apr 8, 2020

You should do everything possible to work out a temporary arrangement with the current landlord. If that is not possible and you are forced to stay in the unit, that is known as "holding over," and the landlord will have to initiate eviction proceedings in order to have you removed.

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 Real Estate Law for Indiana on
Q: we were about to close on a house. Then a week before closing this coronavirus broke out. My husband is afraid to buy

the house because it would wipe out our savings. If he wasn't able to work. We signed a contract. Can they force us to go ahead with the deal.

Vincent Gallo
Vincent Gallo answered on Mar 20, 2020

If you have a contract with any such contingencies, you’re probably bound to the real.

1 Answer | Asked in Real Estate Law for Indiana on
Q: I inherited my house from my grandfather 2 years ago. The house next to it belonged to my aunt and uncle.

Well over 30 years ago they gave some of their property to my grandfather who built a basketball court and volleyball court on. They have passed and the new owner says that the basketball court and volleyball court is on his property. Can I do anything about it? Located in Michigan City Indiana... Read more »

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

If your aunt and uncle subdivided their property and gave that part of their property to your grandfather, for that to be legally binding it would have had to have been recorded with the La Porte County Recorder. If you have any record of this transfer being recorded you could reveal this to the... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: House is under my name and my boyfriend.The kids dad. We separated and he threatens me with taking my name of the house

I recently filed for child support. What hat are my rights for the home

Vincent Gallo
Vincent Gallo answered on Mar 1, 2020

If your name is on the deed, only you can convey your interest in the real estate, unless he were able to get a court order to do so, and only if the order is pursuant to a lawsuit wherein he shows some form of entitlement to do so.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Is a home that is being sold from a trust, sold "as-is" or is the trust responsible for repairs?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 27, 2020

A home being sold from a trust is no different from any other home that is being sold. The burden of who is paying for repairs is between the buyer and the seller and whatever they contract. If the seller agrees to take on the burden of repairs then the seller is obligated to fix the house before... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: Can we recupe money from a lay-a-way on a log home if the company has changed hands 3 times?

My husband and I have been paying on a log home lay-a-way for 15 years with the intention of retiring. Now due to health & monetary issues we cannot build the home. The representative has told us that we can only get a small portion of our money back. Is there anything we can do?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 12, 2020

Without a review of the agreement you have in writing with the company and a general lack of specific information on this problem, there's not much information that can be provided here. You should consult with a real estate attorney or an attorney familiar with land contracts to review your... Read more »

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for Indiana on
Q: Is there anything that can stop construction of something on neighboring property that will lower my property value?
Tim Akpinar
Tim Akpinar answered on Nov 17, 2019

Not if the structure will be in compliance with zoning and other laws, and the project is run in compliance with OSHA, environmental, labor, fire & safety, and other codes. Your question remained open for three weeks. Those are some general considerations. You could consult with an Indiana attorney... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: A buyer made an offer for my house, then after I complained to my realtor that I thought something was fishy.

Then two weeks later, the buyer and her realtor made acknowledgement that they were related. What should I do?

Vincent Gallo
Vincent Gallo answered on Nov 9, 2019

Sell to someone else.

1 Answer | Asked in Estate Planning and Real Estate Law for Indiana on
Q: Do you need a lawyer for transfer on death?

My wife and I simply want to add a transfer on death to our house in case something happens to both of us?

Nina Whitehurst
Nina Whitehurst answered on Oct 21, 2019

There is no law that requires you to use the services of an attorney to do a transfer on death deed, if that is what you mean, but it would be wise for you to hire an estate planning attorney to understand ALL of your options and the pros and cons of each of them.

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 Civil Rights, Health Care Law, Real Estate Law and Small Claims for Indiana on
Q: Can Medicaid take my house? Or anyone else?

I am joint owner of a house in Indiana via a quit claim deed that states "joint tenants with rights of survivorship". The other joint owner who is my grandma is now in a nursing home and has severe dementia. My aunt took power of attorney over her healthcare and has filed a lawsuit against me in my... Read more »

Michael R. Smith
Michael R. Smith answered on Sep 27, 2019

If the deed is to you and your grandmother as joint tenants with right to survivorship, you own half of the property (the house and lot) and your grandmother owns half of the property. That's called an undivided interest because each of you has equal rights to the entire property. Indiana law... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: For Indiana, what is the legal distinction between breach of contract and fraud?

My mother signed a land contract 12/5/2015 to purchase a certain property for $50,000. The contract is now completed, all monies have been paid and she is seeking the deed. Recently my mother has accepted an offer on the sale of the home. She called the seller at this time asking him to meet her at... Read more »

Michael R. Smith
Michael R. Smith answered on Sep 8, 2019

I'm not sure this is a matter for law enforcement. This sounds more like a civil matter than criminal fraud. There might or might not be a civil tort claim for fraud, but the fact that the seller had a lawyer contact your mother makes this sound more like a case of "seller's remorse" than fraud.... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Agricultural Law and Construction Law for Indiana on
Q: Hello we bought a home from a man with a realistate licence we found 16k in mold we cannot find an attorney ti help

We will have to forcloseits if we can't find help this will ruin our family the home is a conventional 97 home ready for a single woman two kids with a cosigner the home is supposed to be habitable and it's not we cannot afford two homes we are supposed to be selling our current home but had to... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 3, 2019

If you haven't had results in finding someone through the lawyer listings of this site or through your own independent searches, you could try the Indiana State Bar Association. They have lawyer referral resources for the public. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law and Probate for Indiana on
Q: Does a small estate affidavit cover real estate in Indiana? Total assets-including real estate- is under $30,000.

Mother passed away without a will. No surviving spouse. Three adult children. All heirs agree to keep house in all three names. There are no significant debts and no mortgage. Would a small estate affidavit suffice to get the deed transferred?

William J Webster
William J Webster answered on Sep 3, 2019

Yes, if the house is only worth $30K, then you can transfer via Small Estate Affidavit. I recommend verifying the value by a 3rd party such as the assessed value provided by the County for property tax purposes or hire an appraiser.

If you have additional questions, feel free to contact...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: My father recently passed away. His 2nd wife is selling their house. Do any of dad's kids have any rights.

Dad and 2nd wife bought a house in Indiana and it is in both names. There was a will. She was named as executor with my sister and her daughter named as seconds. The will stated that she could stay in the house until she dies and then it was to be divided between my father's and her kids. She... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 14, 2019

You need to hire an attorney right away to review the will and the final order of distribution in the probate and possibly the order permitting the sale. It is possible she is doing wrong, but it is also possible she has decided not to stay in the house and is selling it now and the proceeds will... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Indiana on
Q: If we never signed a lease can we be sued for nonpayment of rent?

The landlord verbally agreed to certain necessary repairs which I have evidence of in text and then backed out several months after we moved in. Things like black mold and leaking roof and floor repairs. We did not sign a lease or verbally agree to a lease. We just paid the deposit and first... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 26, 2019

Unless you pay all the rent you owe the landlord COULD try to sue you--in small claims court. If I were you I would concentrate on moving out ASAP, and not worry about the landlord being unhappy. The outrageous problems you have suffered are more than sufficient to defeat any legal claim for rent... Read more »

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
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
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 Real Estate Law for Indiana on
Q: How long does a land lord have to give u for a eviction
Alexander Florian Steciuch
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 »

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