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

