This article is part of a larger collection of articles that has been combined into an e-Book. Click here for the full e-Book on Landlording & the Law. A. What happens if my tenant files for bankruptcy before I file for eviction or during an eviction? Call your attorney immediately. The Bankruptcy Code is […]
Important Residential Lease Provisions You Need to Know About
This article is part of a larger collection of articles that has been combined into an e-Book. Click here for the full e-Book on Landlording & the Law. A. How can I recover my attorneys’ fees and court costs when I file an eviction? In Indiana, when it comes to attorneys’ fees and court […]
How to Deal with Tenants’ Abandonment
This article is part of a larger collection of articles that has been combined into an e-Book. Click here for the full e-Book on Landlording & the Law. A. What is abandonment? The Indiana Code states that “a tenant’s personal property is considered abandoned if a reasonable person would conclude that the tenant has […]
Evictions in Indiana
This article is part of a larger collection of articles that has been combined into an e-Book. Click here for the full e-Book on Landlording & the Law. A. When should I file an eviction? When a tenant stops paying rent or otherwise breaches a lease agreement and refuses to vacate, the only lawful […]
The FDCPA & Collection of Rent or Damages from a Tenant
This article is part of a larger collection of articles that has been combined into an e-Book. Click here for the full e-Book on Landlording & the Law. The Fair Debt Collection Practices Act (FDCPA) is a federal law that Congress added to the the Consumer Credit Protection Act. It was originally passed in […]
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 […]