Discriminatory Eviction

My question involves an eviction in the state of: Indiana

My landlord has filed to evict us. 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. Our rent is due the 31st of the month and she was unable to make it up there to pay it the on July 31st and went up there the morning of Aug 1st to pay it. When we moved in the house was not clean and had considerable damage including rotting floor due to a water leak.(We did take time and date stamped pictures) We notified the landlord which the only way to contact them is via phone and that line always goes to voice mail. We left several messages about the damage needing repaired and to get locks changed and keys for we were never issued them. It took them 5 days to respond and when they showed up to inspect the damage they tried to force us to take a check and terminate the lease which we refused. Now about a week ago we noticed a water leak under the house. Called left voice mail no response. Next day called left voice mail no response. On third day called they actually answered. I told him about the leak, and asked about him changing the locks and giving us keys since he has promised to change them 3 times and never showed up. Showed up later that day which was July 30th to repair the leak and changed the locks and gave us keys finally. 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. Then that is when my wife went to go pay Aug rent and was told they were evicting us. I know under Indiana Code 32-31-1-6 that they have to send us a pay or quit with a time of 10 days to pay the back rent then they can evict and it has to be in writing. Sorry for it being so long but we really need advise on this. Thank you

Not sure what you are looking for. You are correct that the LL must give you a 10 day pay or quit notice (and it expire) before he even files for an eviction. If he does file, you will have the opportunity to tell the judge why you have not paid or if you have attempted to pay, that the LL would not accept your money. Have the rent money IN YOUR HAND when you tell the judge this to be able to pay all delinquent rent at that time.



You stated this has something to do with discrimination. I don't see anything suggesting that in your explanation.

is this a month to month tenancy or a defined term lease? When did you move in?

They did file for eviction on Aug 1st. I called the clerk. We moved in June 1st 2012 it is a 1 year lease. Since the day we moved in they have been trying to get us out cause we complain about things that need repaired. When they came 3 days after we moved in to look at the damages left by previous tenant and the water damage they brought a check and tried to force us to move out then. 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.

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We will have check in hand when we goto court including late fee. But with all this they obviously want us out and we dont want to be there anymore. Im trying to see if we have grounds to counter sue for harassment to get the lease terminated with no repercussions.

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

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time out.

are you saying you do want out of the lease? If so, why don't you just approach the landlord and speak with him. Tell him you will be willing to a termination of the lease if you are refunded your security deposit, he cancels the eviction action, and provides you with a release stating the termination was by mutual agreement.

I tried that. He said he is not letting me out of the lease cause he wants to own me for the next 5 years while I pay out the lease for non payment of rent. And rend was never late till this payment and it was only late 24hrs and we did include the late fee when we tried to go pay it but they refused to take it.

I guess he doesn't realize that if he evicts you, he loses the right to claim any rent after the date of eviction.

so, plan on going to court and telling the judge what you have said here.

I thought they could get me to pay out the lease or till they re-rent the place after an eviction? That is good to know.

It isn't clear why you'd agree to rent the unit without seeing it (or, if you saw it, that you'd go ahead). And much of this is stuff you ought to have hammered out BEFORE you signed a lease (and making sure a lease or an addendum referring to the lease specifically mentions X-Y-Z, like lock changes).

I also would NEVER sign a lease that didn't have a multi-day grace period before a late fee kicks in.

You can use local code enforcement folks about habitability issues, and you're also free to counter-claim against the landlord about refusal to do repairs.

In future, I would write to the landlord (the notion that you only have a phone to contact them doesn't make sense; you have to deliver the rent SOMEwhere). I'd make sure any communications to landlord in writing go via certified mail.

Since you've already found IN statutes, you need to read those as to landlord obligations in general.

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Quoting Foster_Foster

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It isn't clear why you'd agree to rent the unit without seeing it (or, if you saw it, that you'd go ahead). And much of this is stuff you ought to have hammered out BEFORE you signed a lease (and making sure a lease or an addendum referring to the lease specifically mentions X-Y-Z, like lock changes).

I also would NEVER sign a lease that didn't have a multi-day grace period before a late fee kicks in.

You can use local code enforcement folks about habitability issues, and you're also free to counter-claim against the landlord about refusal to do repairs.

In future, I would write to the landlord (the notion that you only have a phone to contact them doesn't make sense; you have to deliver the rent SOMEwhere). I'd make sure any communications to landlord in writing go via certified mail.

Since you've already found IN statutes, you need to read those as to landlord obligations in general.

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When we viewed the house b4 we rented it the previous tenants were still living there. They moved out May 31st and we got the keys June 1st. The landlord never did a walk through in that time we started moving in and I found all those issues. I have been realing all the IN statutes and looks like we are clear to fight the eviction. I have called the health department and the building inspector and both said they could not come out and inspect. I know for a fact ( I worked construction for many years) that there are many things that would fail building code and fire code. I wish i could figure out a way to get them to come inspect it. The building inspector said they only inspect new construction not existing.

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.

So because you demanded a bunch of repairs, instead, they wanted to give you the money back and have you to leave. You dug in your heels and decided you were going to make them keep you, whether they want to or not. Their response was to file for an eviction, the first chance they had. Now that they raised the price of the game, you want to fight them, because they said they now want to evict, but really just want to make you angrier and you don't want them to win, even though you have decided you no longer want to make them keep you. You are now going to court, to fight to stay, even though you want to leave. Wow, I need a drink.

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Quoting Mr. Knowitall

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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.

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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

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Quoting mdeshon

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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.

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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.

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Quoting mdeshon

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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.

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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.

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Quoting mdeshon

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

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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.

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Quoting mdeshon

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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.

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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.

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Quoting mdeshon

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

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What harassment?

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Quoting mdeshon

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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

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

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Quoting Mr. Knowitall

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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?

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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

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

what is his claim listed?

Answer what as required?

claim is Non payment of Aug rent

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

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?

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Quoting mdeshon

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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?

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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