The relationship between a landlord and a tenant is a fragile relationship that can often disintegrate into a hotly contested matter very quickly. What both parties must keep in mind is that both parties have rights and obligations, which they must adhere to under Indiana law. Further, certain contractual provisions found in a lease agreement might further define the roles of the parties. Often, but not always, these contested issues are brought before a small claims court for resolution due to the amount of the award being sought.
If a landlord wishes to evict a tenant, retrieve back rent, and/or seek an award from a tenant for damages to the rental property, there are very specific legal procedures, which a landlord must comply with in order for their matter to even be considered by a judge. Indiana law clearly addresses what is to be done with a security deposit, when it must be returned, when a tenant’s property can be considered abandoned and what can be done with that property if it is deemed to be so. The law also requires a landlord to make certain necessary repairs, but creates no obligation for a landlord to undertake most repairs unless a landlord agreed to make these repairs.
A tenant is obligated to pay rent in a timely manner and maintain the property as required by Indiana statute. A tenant is entitled to the quiet enjoyment of their premises as well as certain conditions of habitability of the domicile. A tenant must receive reasonable notice from a landlord before a landlord or authorized agent may enter the rental unit unless entry upon the premises is necessary due to a legitimate emergency. Should a tenant wish to move from the residence or a landlord wish to evict a tenant from the premises, unless otherwise provided in the terms of the lease, a month to month lease requires 30 days written notice. As stated in the above-mentioned paragraph, strict provisions for eviction must be adhered to in order to properly evict an unwanted tenant. A tenant has contractual and statutory rights pertaining to the propriety of the eviction, the tenant’s personal property, and their deposit.
Howes & Howes, LLP, located in downtown LaPorte will diligently and aggressively represents the rights of both landlords and tenants, so contact us today at 219-326-7070, email or at the contact form provided on this site for a free attorney consultation.