Legal Question in Real Estate Law in Indiana

We were trying to sell our home and were approached with an offer to rent the house with an option to buy. We agreed to this and had both a rental agreement and a separate option to purchase agreement written up and signed by both parties. The lease started on July 1st. In April, our tenants notified us in writing that they would be unable to obtain financing to purchase the property and would move out and return our keys on June 30th. In mid-June, they requested an extension of 10 days. We responded in writing that they needed to vacate the property by the 30th, as indicated in both the lease and their notice to us. They did not vacate the property until after 11:00 p.m. on July 1st. Can we charge them an additional months rent due to their delay in vacating the premises as agreed?

Also, they caused extensive damage to the inside and the outside of the property, including killing all the landscaping in the front yard (all new landscaping had been completed less than one year prior to placing the home on the market at a cost of over $800). Our lease stated that the property was to be returned to us in the same condition as it was received. Are we entitled to recover expenses to remove the dead landscaping, put in new landscaping, and be reimbursed for our time and labor to do so? They also killed a mature maple tree which we had to have cut down and hauled off the property, are those expenses for which we can be reimbursed? Thank you


Asked on 10/21/09, 7:04 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

I'd pursue them for the damages. I think trying to collect a whole month's rent for a 24 hour stayover is petty, but the rest of the stuff you are entitiled to be compensated for.

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Answered on 10/22/09, 10:23 am


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