Legal Question in Landlord & Tenant Law in Indiana

Landlord inherited property and did not renew the lease. She stated that we are on month-to-month and that the provisions of the original lease were still in effect.

There are much needed repairs and we sent her a letter addressing these issues. She did not repair anything. Six months later we sent a certified letter requesting repairs again, quoting landlord/tenant law. She sent another letter back stating that we have no liability to request such repairs as we are on month-to-month and that any repairs that were done prior were only a courtesy to us as tenants. She also stated in her letter that she means no retaliation but we have 30 days to vacate the property. SHe placed the house for sell and sent another letter regarding instructions and procedures on vacating the property quoting landlord/tenant law.

We are military in the process of PCS. Next month to be exact. What our are rights? The house has mold, electrical popping and sparks and yet she refuses to repair it. Can we call an inspector? We do not know what to do. We have made repairs and upgrades to the house before the prior landlord passed away just because he allowed us to. We are good tenants. We feel that she is a slumlord and should be held accountable for the repairs.

If anyone could advise or direct us in a direction of restitution, we would greatly appreciate it.


Asked on 6/19/12, 1:22 pm

1 Answer from Attorneys

Voyle A. Glover Attorney at Law

Unfortunately, you are on a month to month and she does have the right to ask you to leave. The repairs you made prior to her taking over the property are not things you're going to get her to reimburse you for, since technically, she was not the owner. Even if she were, it would be pretty dicey as to whether you could collect. Usually, you can collect where you have to ensure your safety or health and you have documentation showing you tried to get those repairs, and in order to remain safe, you made the repairs. Those, you might succeed in winning, if that is the case. File your claim in Small Claims court. You also should try and do it yourself since the money you would pay me or some other attorney would probably not be recoverable. So, even if you win, you lose, or barely break even. That's what Small Claims Court is for - small claims, designed for people who are without a lawyer.

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Answered on 6/20/12, 5:28 am


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