Discriminatory Eviction

[mdeshon]

You indicated that this is a "discriminatory eviction". You have been specifically asked to explain what about the eviction you believe to be "discriminatory". Please explain now.

After thinking about it I think its more retaliation eviction then discriminatory sorry about misleading since they are obvisouly trying to evict cause we are a pain in his a** about getting the repairs and building code violations fixed

[Mr. Knowitall]

My wife went in to pay rent on Aug 1st 2012 and was told that they will not accept our payment for they have filed to evict us for being 1 day late on paying rent.

Before a landlord can evict for nonpayment of rent, Indiana requires that the landlord serve a 10 day "pay or quit" notice on a tenant. You can pay your rent in full during that ten day period and prevent eviction for nonpayment.

I stated then that this response time for repairs was unacceptable and if they were not repaired in a timely manner Sept rent would go into an escrow account till repairs were completed.

You were suggesting, then, that all repairs should be completed by the end of August? Indiana does not grant tenants the self-help remedy of withholding rent over repairs. You may seek a remedy through the court.

They did file for eviction on Aug 1st. I called the clerk.

Check the court file to see what they filed. States and courts differ in their practices, but for landlord-tenant matters the clerk is usually pretty good about making sure that the required notices are filed with the cause of action before they'll accept a case. If there is in fact no 10-day notice filed, you have grounds to move for dismissal. If there is a 10-day notice on file, check to see if the dates are correct - if it's dated back in July, you can prove that you paid rent for June and July; if it's not, then you're back to the action being filed prematurely. But note, you do have to pay your rent if you wish to prevent an eviction for nonpayment. You can inquire with the court about the possibility of paying any further rent into escrow. You can also consider whether you have a plausible counterclaim for a rent abatement based upon the condition of the premises.

Which i know they cant force you to leave or evict for complain about repairs that need to be made, and I think the true reason they have filed for eviction is because of this.

If you have a lease, you have a lease. If you're a pain in the keester, your landlord can choose not to renew the lease at its conclusion. Complaining to your landlord about problems with the unit does not of itself protect you from being evicted.

Im trying to see if we have grounds to counter sue for harassment to get the lease terminated with no repercussions.

What harassment?

After thinking about it I think its more retaliation eviction then discriminatory sorry about misleading since they are obvisouly trying to evict cause we are a pain in his a** about getting the repairs and building code violations fixed

You've reported the problems to building inspectors, and they've been out to inspect and have noted code violations? Or are you assuming?

[mdeshon]

Before a landlord can evict for nonpayment of rent, Indiana requires that the landlord serve a 10 day "pay or quit" notice on a tenant. You can pay your rent in full during that ten day period and prevent eviction for nonpayment.

You were suggesting, then, that all repairs should be completed by the end of August? Indiana does not grant tenants the self-help remedy of withholding rent over repairs. You may seek a remedy through the court.

Check the court file to see what they filed. States and courts differ in their practices, but for landlord-tenant matters the clerk is usually pretty good about making sure that the required notices are filed with the cause of action before they'll accept a case. If there is in fact no 10-day notice filed, you have grounds to move for dismissal. If there is a 10-day notice on file, check to see if the dates are correct - if it's dated back in July, you can prove that you paid rent for June and July; if it's not, then you're back to the action being filed prematurely. But note, you do have to pay your rent if you wish to prevent an eviction for nonpayment. You can inquire with the court about the possibility of paying any further rent into escrow. You can also consider whether you have a plausible counterclaim for a rent abatement based upon the condition of the premises.

If you have a lease, you have a lease. If you're a pain in the keester, your landlord can choose not to renew the lease at its conclusion. Complaining to your landlord about problems with the unit does not of itself protect you from being evicted.

What harassment?

You've reported the problems to building inspectors, and they've been out to inspect and have noted code violations? Or are you assuming?

The paper served to us is Claim for possession of Real estate and money owed. Filed Aug 1st. THe money owed listed is Aug rent ($798) plus $89 court fee

There was no 10 day notice filed

[jk]

make sure you answer as required or you will give up your right to defend yourself.

what is his claim listed?

[mdeshon]

Answer what as required?

claim is Non payment of Aug rent

[Mr. Knowitall]

You answer the complaint. You also need to file any counterclaims and raise your affirmative defenses in a timely and proper manner.

[mdeshon]

We are filing our counterclaim. It says we must file it in enough time to give them a 7 day notice. I do not see anything about answering the complaint. Done a google search on that and found nothing about it for Indiana. Am I missing something?

[jk]

We are filing our counterclaim. It says we must file it in enough time to give them a 7 day notice. I do not see anything about answering the complaint. Done a google search on that and found nothing about it for Indiana. Am I missing something?

What court is this in?

does it list any action required?

edit:

from what I have found, it appears an eviction action is under the control of the small claims division. As I search for info, I find the same thing as you regarding responses/answers. Here is information regarding small claims courts in Indiana. It may help you through this process:

http://www.in.gov/judiciary/rules/sm...ims/index.html