Legal Question in Real Estate Law in Indiana

Landlord agreed to rent with kids and pets 3 months into lease changes mind

My landlord came by yesterday and saw that the kids toys were scattered in the yard and that it had not been mowed. She also looked in the kitchen window and saw i hd not doe he dishes for the day or mopped. She said we had to tae care of the yard and get the house cleaned. Well she cam back today and said we had until the end of january to be out. No writen notice was given though just verbal. We have always paid rent 5 days ahead of time and never been late, we even told her we would have it taken care of as soon a possible. Which woulda been this Sunday. And she said that was fine she would e by on a regualr basis to make sure. She told my husband tody her husband told her not to lease to people with kids or pets but when we agreed to the lease she said she was ok with the kids and pets even though her husband would not like it. I need help here i can't move my kids into another school again this year they already changed schools once.


Asked on 12/15/01, 1:42 am

2 Answers from Attorneys

John Cook Dunn & Cook

Re: Landlord agreed to rent with kids and pets 3 months into lease changes mind

The lease holds the key. You need to go over the lease where it indicates what constitutes a default on the part of the tenant (you) and see if you have actually breached the lease. If not, then you need to send your landlord a written statement/letter telling them that you do not believe you are in violation of the lease, and that you intend to keep renting the property. You also need to tell them that if they attempt to evict you in January for reasons that are not covered by the lease, you will hold them responsible for any damages that you incur (costs of stroing your household goods while you look for a new apartment, moving costs, etc.). I have never had a case where the sole grounds for eviction are not mowing the lawn one time or kids toys in the yard. If you do not feel comfortable about analyzing the lease and writing your landlord the pre-emptive letter, you need to see either a legal aid center (if you are under the income limits) or an attorney that practices in the area of lanflord/tenant law.

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Answered on 12/17/01, 6:27 pm
Nancy Moore Nancy L. Moore, Esq.

Re: Landlord agreed to rent with kids and pets 3 months into lease changes mind

Looks like you need the assistance of an attorney. I live in Michigan, so that eliminates me. But please call a local attorney to help you out.

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Answered on 12/15/01, 12:02 pm


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