Legal Question in Real Estate Law in Indiana

eviction

My landlord and I have never signed a lease, he agreed to fix alot of things and has never fixed anything. During the hottest months of the year I had no air. I have two children 12, and 15. I told hom about the air he says I didn't. I have not paid rent for August, he said I need to be out this weekend. Legally, can he put me and my family out like that with only 4 days notice?


Asked on 8/15/02, 12:08 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: eviction

The law in Indiana prior to the effective date of the 2002 legislation (which amended the landlord-tenant laws) was that a tenant delinquent in the payment of rent is allowed a 10 day notice if there is no written lease. Also under the prior law a tenant had no right to withhold rent for a landlord's failure to make repairs the landlord is obligated to make. The tenant has been allowed the option of moving out without incurring additional liability for rent, or doing the repairs himself and suing the landlord to recover the sums paid out for the repairs. I will be providing a further answer to your question once I am able to determine the effect of the 2002 legislation, however, at this time you should assume you are entitled to at least 10 days notice and that if you fail to move out the landlord must file an eviction action in the court.

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Answered on 8/15/02, 2:20 pm


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