In Indiana, the landlord-tenant relationship is governed by the laws of Indiana and also by the written agreement between the landlord and the tenant.
This agreement, if signed by the landlord and the tenant, is considered a contract, and may be referred to as the “lease agreement,” “rental agreement,” or other similar name. The Indiana Code has adopted portions of the Uniform Residential Landlord & Tenant Act, and addresses issues such as the term of the lease where none is stated in the lease agreement, security deposits, moving and storing tenant’s property, landlord access and interference with essential services, and tenant obligations to maintain the property in reasonably clean condition and not do damage to the property.
The process for enforcing most landlord-tenant laws and the terms of the lease agreement is handled in small claims court, where the jurisdictional claim limit is $6,000.00. If a landlord or tenant has incurred losses above this jurisdictional limit, the claim must be filed or removed to a court without those “small claim” limits. Evictions/Judgments If the tenant does not pay his or her rent when due, or otherwise violates the terms of the lease agreement, the landlord (who is sometimes also the owner) of a rental property may request the Court evict the tenant and restore possession of the leased property to the landlord/owner. Most courts in Indiana will set two court dates upon the landlord’s filing of a notice of claim:
- One hearing will be set to determine the landlord’s right to possession of the leased property;
- A second and subsequent hearing, set at a later date after possession is restored to the landlord, to determine what amount, if any, the tenant may owe to the landlord for rent, late fees, cleaning, damages, and attorney fees, if the lease agreement provides for this relief.
“Taylor Law Office, PC, represents a significant number of owners and landlords in the Kosciusko County area.” – Patti Taylor
We help owners and landlords quickly recover possession of the leased property, and instruct them in the process of documenting past due rents, late fees, cleaning and damage repair in order to minimize the loss of rental income resulting from a tenant’s failure to comply with Indiana law, the lease terms, and/or property rules and regulations. After we obtain a judgment against the tenant for the losses sustained by the owner/landlord.
After we obtain a judgment against the tenant for the losses sustained by the owner/landlord, Taylor Law Office will also handle the collection process.