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Landlord/Tenant
Rights and Obligations
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What
is a rental agreement (lease)?
A
rental agreement or lease is a written or an oral contract between
persons. A properly written agreement will eliminate most of the
misunderstandings and problems that commonly arise between a landlord
and a tenant. A rental
agreement benefits and protects both parties, and is an efficient way of
handling a business transaction. Your
written agreement may create a tenancy from week to week, month to month
or year to year. For your
protection, either as a landlord or as a tenant, it is usually wise to
specify the exact manner in which the rental agreement may be
terminated. If there is no
written lease, the landlord or the tenant may end a week- to-week
tenancy by giving the other party at least seven days notice prior to
termination. Both parties
may end a month-to-month oral tenancy by giving the other party at least
30 days notice prior to the end of the current monthly term.
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A landlord may not limit
or escape responsibility for legal liability by the use of contract
clauses in a rental agreement signed by the tenant.
If such a clause appears in any rental agreement, it will not be
used against the tenant.
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Ordinarily, a rental
agreement is prepared by the landlord.
For this reason, any doubtful or ambiguous terms are decided
against the landlord and in favor of the tenant.
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Under Indiana law, both
tenants and landlords may recover damages in some situations for the
unlawful act of the other party. However,
Indiana law provides that a party may only recover their reasonable
attorney's fees paid if it falls within special statutory exceptions or
if the contact or lease provides for one party to pay the other's legal
fees.
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When can
security deposits be applied to amounts owed instead of returned?
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When a tenant moves out
at the end of a rental agreement, there are certain rules for both the
tenant and the landlord to follow.
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The tenant should
surrender the premises in as good condition as they were when the tenant
moved in. This requires the
tenant to leave the premises as he or she found them, making only the
repairs needed to restore the premises.
The tenant is not responsible for ordinary wear and tear on the
premises. The tenant must
leave a new or forwarding address in writing with the landlord.
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After the tenant moves
out, any of the tenant's money or property that the landlord holds as a
security deposit can be applied to damages the landlord has incurred as
a result of the tenant's actions. Indiana
law provides that if the landlord wishes to deduct any amount, the
deductions must be itemized in writing by the landlord and delivered
together with the balance due to the tenant at the forwarding address
provided by the tenant within 45 days after the tenant has moved.
If the landlord does not comply with this law, the tenant may
recover damages and attorney's fees through a court action.
This is one of several instances where, under Indiana law,
tenants and/or landlords may recover damages and reasonable attorney's
fees for the unlawful act of the other party.
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Who owns
what?
In general, unless otherwise agreed,
"fixtures" belong to the landlord. Fixtures include parts of
the building such as sinks, furnaces, water heaters and other equipment
that is either built-in or fastened to the property. Obviously, anything
brought onto the premises by you as a tenant, which does not become a
fixture, belongs to you and may be removed by you at the termination of
the lease.
What are
my rights as a tenant?
A tenant is any person who occupies or
possesses the residential property of another and pays for it under a
rental agreement. |
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 As
long as you, the tenant, do what the rental agreement and/or the
law requires you to do, you have the right of exclusive
possession of the property until the lease expires.
You
have the right to complain to a government agency about your
landlord's violation of housing laws or regulations that affect
health and safety.
You
have the right to complain to your landlord if he or she fails
to perform any legal duties.
If you complain and the landlord retaliates against you
by increasing rent, decreasing services or seeking to evict you
for taking such action, the landlord has violated the law.
You
have the right to know the name and address of the owner of your
residential premises and that of the owner's agent, if there is
one. This
information must appear either in your written lease or be given
to you in
writing at the beginning of your tenancy.
You have a right of privacy,
which the landlord must respect. The landlord may enter your
apartment after reasonable notice for certain legitimate
reasons.
You have
the right to have repairs made within a reasonable time
(depending on the severity of the housing conditions) for
conditions that significantly affect health and safety if the
landlord has received a written complaint from you about the
premises. If the
landlord fails to make repairs within a reasonable time, you, as
a tenant, may have a right to apply your rent to the repairs.
You may also terminate the rental agreement and move out.
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What
are my obligations as a tenant?
As a tenant, you must meet
the following obligations:
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with the standards of all housing laws that affect health and
safety.
Refrain
from and prevent others from damaging the rental premises.
Keep the premises safe and
sanitary.
Keep
plumbing fixtures in the unit as clean as their condition
permits.
Dispose
of all garbage in a safe and sanitary manner.
Operate
all electrical and plumbing fixtures properly.
Maintain
in good order all appliances provided by the landlord.
Cause
no disturbance and forbid others to disturb your neighbors.
Allow
Allow your landlord reasonable
access to the premises to inspect, make
repairs, deliver large parcels or show the property to
prospective buyers or renters.
See
that controlled substances are not illegally used on the
property.
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The tenant cannot alter these legal duties.
However, the landlord may agree to assume responsibility for
fulfilling any of these tenant duties.
What are
my rights as a landlord?
If
you own rental property and permit another to use, occupy or possess
your residential premises for a period in return for money or something
of value, you are a landlord.
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You,
as a landlord, can rent your property for any amount you desire.
You can increase rents in any amount, upon giving
adequate notice, as long as a rent increase is not a retaliatory
act against a tenant. Subject
to the provisions of Indiana law, you may rent to anyone you
wish and establish any conditions and terms in a rental contract
that do not conflict with state law. You may, in fact, refuse to rent to anyone, provided you do
not discriminate against a tenant because of the tenant's race,
color, religion, ancestry, sex, national origin, handicap or
family status.
You may
evict the tenant for nonpayment of rent, or for breaking any
material conditions that you have agreed on.
Written notice of the intent to file an eviction action
must be given to the tenant before you file such an action in
court.
You may
notify the tenant in writing if you wish to secure the tenant's
compliance with obligations under the law.
After
reasonable notice, you have the right to enter the dwelling unit
to inspect, repair, make improvement or supply services, or show
new tenants the property.
You have
the right to have your property returned to you in as good a
condition as it was when the tenant took possession, except for
ordinary wear and tear. |
What are
my obligations as a landlord?
The landlord has certain obligations whether or
not they are written into a rental agreement. You, as landlord, cannot
change them or require the tenant to assume them, and the tenant cannot
agree to do without the performance of these obligations under any
circumstances.
As a landlord, you must do the following:
Comply
with all housing and health codes that affect health and safety.
Make all repairs and keep the
rental premises in a livable condition.
Keep all common areas of the
premises in a safe and sanitary condition.
Maintain in good working
condition all electrical, plumbing, heating and air
conditioning fixtures and appliances that you have
supplied or are required to supply
Supply running water,
reasonable amounts of hot water and reasonable heat at all times
unless the tenant has assumed responsibility with the utility
company.
Not abuse your right to enter
the property for legitimate reasons; if this right
is abused, you have invaded the tenant's privacy.
Not attempt to evict a tenant
without a court order by changing the locks,
terminating utility service or removing the tenant's belongings.
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A landlord may be liable to a
person sustaining injuries in an area over which the landlord retains
control or as a result of failure to maintain and repair certain basic
items as required by law. If
there is a written rental agreement, you, as a landlord, are required to
furnish the tenant with your name and address and the name and address
of your agent, if any. If
there is an oral rental agreement, you are required to furnish the same
information in writing to the tenant when the tenant moves in.
Do
I need an attorney?
This information is based on
Indiana law and is issued to inform, not to advise. As a landlord or tenant, you should not try to apply or
interpret the law without the help of an attorney who knows the facts,
because the facts may change the application of the law.
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