Tenant Law in Indiana

Relations between tenants and landlords in Kendallville, 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 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 Kendallville, 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 normal wear and tear, for which tenants are not accountable.

Tenant's Rights in Kendallville, 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 Kendallville, Indiana are under a legal duty to make sure that their apartments are habitable. There are several factors that are considered in determining if an unit is habitable or not, but, generally, an 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 are entitled to common areas which are reasonably safe and clean, and free of physical obstacles. Areas such as lobbies, hallways, stairwells, and fire escapes must comply with the building codes of Kendallville, Indiana. Additionally, any other unreasonable safety hazard, even if it doesn't violate a specific provision of a building code, can create liability for the landlord if it injures a tenant.

Tenants also have rights, under federal and Indiana law, to not be victims of racial, ethnic, or gender discrimination in housing, whether they are renting or buying. Additionally, landlords are not allowed to discriminate against tenants based on physical disabilities. They must also allow physically-disabled tenants to make reasonable modifications to the apartment to make it more accessible. However, the landlord can require tenants to remove those modifications and restore the property to its original condition once the tenant moves out.

Finally, tenants in most states have a right to be free from unfair eviction. Typically, lease agreements last for a set period of time, and both parties are bound by that contract. Landlords cannot arbitrarily evict clients while the lease is still in effect.

Can a Kendallville, Indiana Landlord/Tenant Lawyer Help?

Tenants and landlords always want to avoid getting into any serious disputes - these disputes interfere with the tenant's living arrangement, and the landlord's business. In short, they help nobody. While a good Kendallville, Indiana attorney can certainly help his or her client prevail in such a dispute, they may be more valuable for their ability to help prevent such disputes from escalating in the first place.