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Indiana Landlord And Tenant Legal Questions

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46 legal questions have been posted about landlord and tenant law by real users in Indiana. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
Indiana Landlord And Tenant Questions & Legal Answers
Do you have any Indiana Landlord And Tenant questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 46 previously answered Indiana Landlord And Tenant questions.
Landlord and Tenant Law
Indiana

Recent Legal Answers

Is the lease agreement that I have with renters at my property valid?

Answered 3 years and 10 months ago by attorney Melinda O'Dell   |   1 Answer
For the ex-wife issue, you will need to consult your Decree or Dissolution Settlement Agreement.  This document is now the "contract" that you and your ex need to follow.  Remaining co-owners of property after a divorce is rarely a good idea, and if that is what you are, then you may have to go through a process called "partition", which is complicated and defined by statute.  You will want to consult with an attorney for this process, but you should be able to find that portion of the Indiana Code to review.  Hopefully the time and expense of that process will motivate both of you to resolve your differences or agree to amend your Order.     I would suggest that you also post this question in the Landlord/Tenant area for the renter issue.  Good luck!... Read More
For the ex-wife issue, you will need to consult your Decree or Dissolution Settlement Agreement.  This document is now the "contract" that you... Read More

If my husband is on a visa and both our names are in the lease, can he kick me out?

Answered 8 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer
The visa has nothing to do with this. If you both signed the lease, you can both live there until a divorce court says otherwise.
The visa has nothing to do with this. If you both signed the lease, you can both live there until a divorce court says otherwise.

How long does a landlord have to give for eviction if you have kids in the home?

Answered 8 years and 7 months ago by attorney Jay A. Rigdon   |   1 Answer
Depends on the lease or the terms of the oral agreement. It has nothing to do with children being in the home.
Depends on the lease or the terms of the oral agreement. It has nothing to do with children being in the home.

How should I go about getting a place of my own as an emancipated minor?

Answered 8 years and 7 months ago by attorney Jay A. Rigdon   |   1 Answer
If you have been legally emancipated, you should take the order with you when you apply for an apartment, housing, etc.. One of the difficulties you have in your situation is that folks may not want to rent to you if you are under 18, in spite of that order. There is nothing illegal about someone refusing to rent to you because of that. Hope fully you have persons in your life who can help you with this question, as it is mostly a practical life question as opposed to a legal one.... Read More
If you have been legally emancipated, you should take the order with you when you apply for an apartment, housing, etc.. One of the difficulties you... Read More

How do I have unpaid rent collected by another party?

Answered 8 years and 7 months ago by attorney Jay A. Rigdon   |   1 Answer
Refer the debt to a collection agency.
Refer the debt to a collection agency.

What is the law as far as eviction of a person without a lease?

Answered 8 years and 8 months ago by attorney Jay A. Rigdon   |   1 Answer
"What is the law" is an impossible question to answer in this amount of time/space. Many pages gave been written on almost any legal subject. If your question is "Can I evict a person even without a written lease?", the answer is yes.
"What is the law" is an impossible question to answer in this amount of time/space. Many pages gave been written on almost any legal subject. If... Read More

If I recently discovered that my grandparents' headstone is missing, is the cemetery liable?

Answered 8 years and 8 months ago by attorney Jay A. Rigdon   |   1 Answer
Not automatically, no. Depends on the circumstances and the agreement/rules of the cemetery. Also depends on how long it has been missing and why, if known.
Not automatically, no. Depends on the circumstances and the agreement/rules of the cemetery. Also depends on how long it has been missing and why, if... Read More

Can a landlord limit the number of Emotional Support Animals a tenant can have?

Answered 8 years and 9 months ago by attorney Jay A. Rigdon   |   1 Answer
The answer is yes.
The answer is yes.

What can I do legally to remove her from the premises so my son can move back into his own home?

Answered 8 years and 9 months ago by attorney Jay A. Rigdon   |   1 Answer
Hire an attorney to begin eviction proceedings to remove BOTH parties from the home. Then, after that is all done, if you want to rent again to your son, go ahead.
Hire an attorney to begin eviction proceedings to remove BOTH parties from the home. Then, after that is all done, if you want to rent again to your... Read More

If I paid for our house but the title is in his name, does he have a rights to evict me?

Answered 8 years and 9 months ago by attorney Jay A. Rigdon   |   1 Answer
If anyone but your spouse, yes, ownership will determine whether he has the right. If your husband, go talk to a family law attorney in your community about staying in the house or defending you from an eviction action (Eviction is more than just telling you to leave; you can ignore that request).... Read More
If anyone but your spouse, yes, ownership will determine whether he has the right. If your husband, go talk to a family law attorney in your... Read More

Can one of the three siblings who own a house be evicted if he has lived in the house for free for 12+ years?

Answered 8 years and 9 months ago by attorney Jay A. Rigdon   |   1 Answer
Yes, the new owners under the will, or if no will, under intestate succession, can have him removed. Go see a lawyer to figure out who should have title to the house and how that can happen. Don't just file an eviction notice on your own.
Yes, the new owners under the will, or if no will, under intestate succession, can have him removed. Go see a lawyer to figure out who should have... Read More

Do I have to appear in court if I am being sued for not paying my overdue rent in time?

Answered 8 years and 10 months ago by attorney Jay A. Rigdon   |   1 Answer
Not for the trial, no. Only if the court orders says you to appear. The best way to answer this is to show whatever notice you received to a lawyer.
Not for the trial, no. Only if the court orders says you to appear. The best way to answer this is to show whatever notice you received to a lawyer.

If my ex and I moved in together and he asked to have his cousin move in with us which I never agreed, what can I do to remove him from my home?

Answered 8 years and 10 months ago by attorney Jay A. Rigdon   |   1 Answer
Assuming he does not have a rental agreement with you, 1. Change the locks. 2. If that doesn't work, summon the police. 3. If that doesn't work, file a complaint for possession and ejectment in your local small claims court. If you do have a rental agreement with him, skip steps one and two and go directly to three if he is in violation.... Read More
Assuming he does not have a rental agreement with you, 1. Change the locks. 2. If that doesn't work, summon the police. 3. If... Read More

What can I do if they are telling us we must now pay the $100 month to month premium because our lease expired?

Answered 8 years and 11 months ago by attorney Jay A. Rigdon   |   1 Answer
Move out.
Move out.

What should I do if I am not sure if neighbor told the new owner about our arrangement in my property?

Answered 8 years and 11 months ago by attorney Jay A. Rigdon   |   1 Answer
You need to tell the new neighbor whatever it is you want to tell them. I'm not sure why you would want the new neighbor to know that the old one was using your property if the new one doesn't want to do so, and therefore it is hard to give you any advice. Perhaps reposting your question with more information about your worries will help.... Read More
You need to tell the new neighbor whatever it is you want to tell them. I'm not sure why you would want the new neighbor to know that the old one was... Read More

Can I remove all my stuff including the appliances from my house leaving my ex with just her things until I can get an eviction?

Answered 9 years and a month ago by attorney Jay A. Rigdon   |   1 Answer
Not a good idea. Get a lawyer for your divorce to handle this. Self help to try to force her out is almost never a good idea.
Not a good idea. Get a lawyer for your divorce to handle this. Self help to try to force her out is almost never a good idea.

If I signed a contract with my apartment complex but has new owner and want to raise the rent, can they legally raise my rent?

Answered 9 years and a month ago by attorney Jay A. Rigdon   |   1 Answer
Depends on what the contract says. You'll have to have a lawyer read it.
Depends on what the contract says. You'll have to have a lawyer read it.

Does he have the grounds to evict us if we currently owe him $350 for November and $450 for December?

Answered 9 years and 3 months ago by attorney Jay A. Rigdon   |   1 Answer
You need to have someone look at your lease. Without knowing the default provisions and the monthly rent that you owe (information not available in your original question), there is no way to know.
You need to have someone look at your lease. Without knowing the default provisions and the monthly rent that you owe (information not available in... Read More

When we get the foreclosure notice with the court date after we go to court, do we have to move out within 30 days?

Answered 9 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer
The notice will tell you if you are ordered to leave and when you have to do so.
The notice will tell you if you are ordered to leave and when you have to do so.

What are my legal rights to privacy of my pay check?

Answered 9 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer
Out of where? Their house? If they want to make seeing your paycheck a condition of your living there, they are within their rights to do so, unless you have a written lease and you pay rent under it.
Out of where? Their house? If they want to make seeing your paycheck a condition of your living there, they are within their rights to do so, unless... Read More

If I moved into an apartment and I do not have a pet but there is a flea infestation, is it the apartment responsibility?

Answered 9 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer
I don't know what you mean by their "responsibility". Check your lease as to what responsibilities you have for maintenance of your apartment. See if any neighbors have the same problems. Talk to a professional exterminating company about solving the problem.
I don't know what you mean by their "responsibility". Check your lease as to what responsibilities you have for maintenance of your apartment. See if... Read More

What are the landlord’s right if tenant has a boyfriend living with her?

Answered 9 years and 7 months ago by attorney Jay A. Rigdon   |   1 Answer
You need to have a lawyer look at your written lease to answer this question. The contract totally controls what you can do, and a consultation to have a lawyer review this should not be exorbitant.
You need to have a lawyer look at your written lease to answer this question. The contract totally controls what you can do, and a consultation to... Read More

What can I do if my tenant got a dog and didn't pay the required nonrefundable pet deposit?

Answered 9 years and 7 months ago by attorney Jay A. Rigdon   |   1 Answer
Hire an attorney, send a demand letter for the payment, and then ask that lawyer whether, after reviewing the lease, there are grounds to evict.
Hire an attorney, send a demand letter for the payment, and then ask that lawyer whether, after reviewing the lease, there are grounds to evict.

What options do I have to retrieve personal belongings from former residence?

Answered 9 years and 7 months ago by attorney Jay A. Rigdon   |   1 Answer
You may file an action for replevin of the goods in your local court. You might also see if the police will go with you to facilitate things before a lawsuit.
You may file an action for replevin of the goods in your local court. You might also see if the police will go with you to facilitate things before a... Read More

How do I get our name off a land contract?

Answered 9 years and 8 months ago by attorney Jay A. Rigdon   |   1 Answer
You can transfer all of your interest to your friend/fellow purchaser. You can not do anything on your own to get out of the liability to the seller; the seller would have to release you, which he can do voluntarily.
You can transfer all of your interest to your friend/fellow purchaser. You can not do anything on your own to get out of the liability to the seller;... Read More
Landlord and Tenant Law
Indiana

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