Tenant Law in Indiana

Relations between tenants and landlords in Goshen, Indiana can occasionally be touchy. The fact is that it's not easy to be a landlord or a tenant, particularly because landlords and tenants often don't understand the legal rights and responsibilities that apply to them.

Landlords and tenants have many rights and responsibilities. What follows is a partial list of the rights that landlords and tenants have, and the corresponding duties of the other party.

Landlord's Rights in Goshen, IN

Most obviously, landlords have a right to collect rent from their tenants. When a tenant agrees to pay a landlord a particular amount of money for the right to occupy the landlord's property, a contract is formed. Tenants have to hold up their end of the deal.

Furthermore, landlords have a right to be compensated for damage a tenant causes to a rented unit, either intentionally or negligently. Landlords have a right to deduct repair costs from tenants' security deposits, unless the damage was caused by usual wear and tear, for which tenants are not accountable.

Tenant's Rights in Goshen, IN

Most essentially, tenants have a right to get what they're paying for: a dwelling fit for human habitation. To this end, landlords have to confirm that the units they rent meet Goshen, Indiana's minimum standards for habitability. These requirements are normallyy not difficult to meet. They include basic amenities such as running water, electricity, a working phone line, heating, and protection from the elements.

Furthermore, tenants have rights to common areas that are free of physical obstructions, as well as serious health and safety hazards. Common areas are the places in apartment buildings and other residential complexes which every tenant can access, and include hallways, stairwells, and fire escapes. In Goshen, Indiana, these areas must be kept in a safe condition, at the landlord's expense.

Under federal and Indiana law, tenants are also entitled to protection against discrimination in housing based on race, color, religion, marital status, or gender. Such discrimination can lead to grave civil penalties against the landlord. Landlords further cannot discriminate against tenants based on physical disability, and have to make reasonable accommodations for physically disabled tenants. For instance, they have to allow disabled tenants to make minor physical alterations to the unit (at the tenant's expense) to make it more accessible. Now, they don't need to allow the tenants to have the building remodeled. We're just talking about things like installing handrails in the bathroom, and similar things. The landlord can, however, require tenants to restore the apartment to its original condition, at the tenant's expense, once the tenant leaves.

Lastly, tenants are legally protected from arbitrary eviction. Landlords typically must have a very good reason to evict a tenant before the lease agreement reaches the end of its term (at this point, they are of course allowed to decline to renew the lease). Of course, if the tenant breaches the lease agreement (such as by failing to pay rent, damaging the property, or violating other reasonable rules the landlord has put in the lease), the landlord, like a party to any other contract, is free to terminate the agreement and evict the breaching tenant.

Can a Goshen, Indiana Landlord/Tenant Lawyer Help?

Whether you are a landlord or a tenant, chances are that you want to prevent conflict. But if you do end up in a seemingly irresolvable conflict with the other party, a Goshen, Indiana attorney can help you protect your rights.