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Landlord and Tenant Law in Indiana
Relations between tenants and landlords in Indianapolis, Indiana can sometimes be touchy. The fact is that it's not easy to be a landlord or a tenant, especially because landlords and tenants often don't understand the legal rights and responsibilities that apply to them.
Landlords and tenants have various 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 Indianapolis, IN
Most obviously, landlords have a right to collect rent from their tenants. When a tenant agrees to pay a landlord a specific 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.
Additionally, 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 normal wear and tear, for which tenants are not responsible.
Tenant's Rights in Indianapolis, IN
The most basic right of a tenant is the right to a living space that's fit for human habitation. This is, after all, what they're paying the landlord to provide. Landlords in Indianapolis, Indiana are under a legal duty to make sure that their apartments are habitable. There are several factors that are considered in determining if a unit is habitable or not, but, generally, a unit will not be deemed habitable if it lacks any of the following: running water, electricity, heat, and protection from the elements (such as proper insulation, and windows that close).
Additionally, 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 Indianapolis, Indiana, these areas must be kept in a safe condition, at the landlord's expense.
In the United States, and most likely under the statutes of Indiana, it is unlawful for renters or sellers of real estate to discriminate on the basis of race, gender, national origin, color, or religion. Doing so can subject a landlord to harsh civil penalties. Additionally, they cannot discriminate based on physical disabilities, either. Tenants with physical disabilities, who are otherwise qualified to rent an apartment (they are able to pay, have good credit, etc.) are entitled to make reasonable modifications to the apartment to make it more accessible to them, and the landlord generally can't bar a tenant from doing this, as long as the modifications are not too extensive, and are reversible. The landlord can, however, require the tenant to remove the modifications, at the tenant's expense, when they move out.
And finally, most state laws prevent landlords from arbitrarily evicting tenants. If the lease agreement is for a set period of time, the landlord usually can't evict the tenant until the lease expires, without a good reason. Valid causes for eviction include unpaid rent, illegal activities on the property, damage to the building caused by the tenant, and excessive noise.
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Can a Indianapolis, Indiana Landlord/Tenant Lawyer Help?
Landlords and tenants typically prefer to avoid getting into fights with one another, for evident reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Indianapolis, Indiana landlord/tenant attorney can help defuse arguments before they become too serious.
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