Tenant Law in Indiana
Relations between tenants and landlords in Anderson, 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 Anderson, IN
The most basic right that landlords have is the right to be paid the agreed-upon rent by their tenant. Obviously, renting apartments is how landlords acquire a living, so they are entitled to collect the rent that the tenant agreed to pay.
Landlords also have a right to be paid for damage to the building that a tenant causes, either intentionally or negligently. All damage caused by a tenant, besides reasonable wear and tear, can be billed, and the landlord can deduct from the tenant's security deposit to pay for repairs.
Tenant's Rights in Anderson, IN
Much like landlords have a right to get paid for the service they provide, tenants have a right to get what they pay for: a suitable place to reside. In Anderson, Indiana, all residential rental agreements carry an "implied warranty of habitability." This means that a landlord implicitly guarantees that any residence he or she rents will be fit for human habitation. In general, an unit will be automatically deemed uninhabitable if it lacks running water, electricity, heat, and acceptable protection from the elements. There are numerous more factors that can be considered, as well, but those are some of the basics.
Additionally, tenants are entitled to common areas that are reasonable safe and sanitary. The common areas of an apartment building would contain lobbies, laundry rooms, stairwells, hallways, and fire escapes (essentially, any part of the building which all of the tenants can access). In Anderson, Indiana, these areas must be kept reasonably clean and safe.
Under the laws of Indiana, and the United States, discrimination in housing on the basis of race, religion, or gender is strictly prohibited. Additionally, under the Americans with Disabilities Act, landlords must not discriminate against renters on the basis of any physical disability. They also have to authorize the renter to make reasonable modifications to their apartment, to make it more accessible. Generally, landlords are only required to allow relatively minor and reversible modifications, and tenants cannot compel them to remodel the building, for example. Also, once the tenant leaves, the landlord can bill the tenant for the costs of restoring the apartment to its original condition.
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 Anderson, Indiana Landlord/Tenant Lawyer Help?
Landlords and tenants almost always prefer to prevent conflict. In a perfect world, tenants would pay rent on time, and landlords would always provide the services that they're being paid for. As we know, the world isn't perfect. When situations demonstrate the world's imperfection, an Anderson, Indiana real estate attorney can help, whether you're a landlord or a tenant.