While most land purchasers almost instinctively think of acquiring title insurance as part of closing on the purchase of land, most purchasers do not instinctively think of getting a survey. But without a survey, the purchaser does not know for certain the boundaries of his land purchase. The legal description on a deed often does […]
Sue For Blood, Settle For Money
Cost Effective Legal Representation The GRIFFITH LAW GROUP LLC recently rejected a client representation, because we could not deliver a cost-effective result for the potential client. The potential client (We will call him John in this article.) had a dispute with a neighbor over a very small strip of land, three inches to be precise. […]
Attorney’s Fees: The American Rule
Generally, each party to a dispute must bear his, her or its own litigation expenses. In other words, each party pays his or her own attorneys’ and expert witness fees, and the other costs of a lawsuit. The winner does not get to recover those fees from the loser. This system is known as the […]
The $1500 Small Claims Rule
Indiana Small Claims Courts have limited jurisdiction. Essentially, small claims are cases involving only landlord-tenant matters and other purely monetary disputes, none of which may exceed $6,000 in damages being sought. In Marion County, a plaintiff can recover attorneys’ fees, interest and costs beyond the $6,000. There is another rule that significantly impacts property managers […]
Staying in Compliance With the Fair Housing Act
Staying in compliance with the Fair Housing Act is a growing concern for landlords as the population becomes more and more diverse. A wise landlord will take proper precautionary steps and meticulously keep detailed records to avoid violating the Fair Housing Act and possibly being on the receiving end of a lawsuit from an upset […]
The Importance of a “Savings Clause” in a Residential Lease
There is an important rule of landlord-tenant law that, in its essence, says this: A landlord can evict a tenant or a landlord can sue a tenant for unpaid future rent, but not both. This has been for decades and remains today the law in Indiana. So, for example, if a tenant breaches a one-year lease […]
Neighborhood Disputes
Property managers often get caught in the middle of disputes between neighbors. Whether the feuding neighbors are tenants or homeowners, property managers need a plan to deal with these disputes. It is not uncommon for these disputes to escalate and result in litigation. Emotions in these cases usually run high. So, an important goal for […]
Indiana’s 45-Day Letter Rule
There is a law in Indiana that every a landlord or property manager should fully understand in detail. It is Indiana’s Security Deposit Statute. We call it the “45-Day Letter Rule.” Here’s why. The 45-Day Letter Rule governs how and when a landlord must return a tenant’s security deposit. In a nutshell, a landlord must, […]
Tenants and Protective Orders
What happens if one of my tenants obtains a protective order against another tenant in the same unit? We recently came across a situation where a female tenant—let’s call her Sue—filed for and obtained a protective order against a male tenant—let’s call him Dave—living in the same unit. Our client, the property manager, had several […]
Accepting a Rent Payment Just Before an Eviction Hearing
Many small claims courts do not permit a landlord to accept a rent payment from a residential tenant after the landlord commences the eviction lawsuit but before the actual eviction. The courts consistently hold that the landlord waives a claim for eviction by accepting a rent payment from the tenant—even if it is only a […]