Legal Question in Real Estate Law in Indiana
Last year I entered into an agreement with a home owner. My family and I were attempting to (rent to own), asaid owners rental propertyand gave in excess $2800.00. I had just recently filed for bankruptsy. I expressed to home owner that it may take up to two years for me to be in a position to purchase the home after my discharge. One year has passed as we were given a 1.year leaseand owner was prepared to offer second year lease but with other stipulations. We had payed rent on time and the once perhaps two times that I was late- payment was rendered neither more than 1. week in accordance to home owners agreement (verbal). Two such stipulations was raising the rental price and offering a nine month lease. I declined to sign the lease and now my family has been told that we must move at the end of this month we payed Septembers, 2009. We moved here in Sept 1,but are being asked to be out Sept 30, 2009. We have been unsuccessful finding another home to rent as we have the money to do so, but may need more time at least the middle of next month. Our questions are... 1. If we are unable to aquire a new house can we be evicted and our personal property put out with them taking us to court or not, if taken to court what would be the period that could be allotted before we are put out legally. 2. Am I entitled to any part of the deposit that was given, this was monies given and would have went towards the price of the home when we purchased. This money was never placed in an escroe account and has been spent (per home owner), Can we get any part of it back and can any of it be used to pay next years month if we are here for part of next month?
1 Answer from Attorneys
I am always hesitant to answer these when only some facts are being presented, especially in a rent to own situation. You did not state whether you received a written notice to leave. If not, and you are up to date on your rent, he has to do so, before he can file an eviction. It is unlikely that he will be able to have you evicted before the middle of October.