Legal Question in Real Estate Law in Indiana

Re: Can we be evicted?

Unless you had your agreement put in writing, she can still go to Court relying on the original written lease, and if she repudiates the agreement, then it's your word against hers and up to the judge to decide if the agreement was made and you kept your part of the bargain. Your landlord, on the other hand, might want to keep the suit on file just to make sure that you pay as promised or the landlord may just be tired of late rent. You might consider filing a counterclaim against your bank for failing to clear your checks as presented when you have money on deposit available to you. If your bank, however, has a policy that a deposit is not availabale for a certain number of days, then this strategy would not help you.

Re: Can we be evicted?

The answer is yes, particularly if your lease contains a clause which states that the lease cannot be modified unless it is in writing-since you have no written agreement to pay late, if your landlord denies any such arrangement, it becomes your word against hers and the landlord usually wins.

You may have a claim against the bank but without more info, I can t opine on that.

Whatever you do, make sure you appear at the hearing preferrably with the rent money.

Good Luck!