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tllopez317 · Oct 12, 2012, 03:34 PM

We have received a notice of claim for possession of real estate to appear in court. In the Affidavit of Debt paper the landlord filled out, he states he hasn't received any payments since 3/2012 which is untrue, he received and cashed a rent check on Sept 26th. We are on a month to month lease (assumed because no other paperwork was ever filled out after the 1 year lease was up) We have lived here since 3/2010 (with things needed repaired then) and have tried and tried to get things repaired around here and the landlord never gets it done. In some instances we have not been able to use the property as intended due to needing repairs. (front door locks broken, kitchen and bathroom ceiling leaks, light switch in bathroom wall went bad, ceiling fan light switch went bad, etc. etc). Yes we are behind in rent, but we send him a payment EVERY month just haven't caught up. He has refused to fix anything until rent is caught up and I refuse to catch up until he fixes at least ONE thing. We had already started looking for a new place when we received the paper for court, but haven't found anything yet. Here's my question: Once we go to court, how long in the state of Indiana do we have to move out AND what are our chances of not having to pay the past due rent since he has refused to fix anything since we moved in here in 3/2010( with him keeping our deposit). Yes, I have pictures to back up the repairs needed.

AK lawyer · Oct 12, 2012, 04:48 PM

We are on a month to month lease (assumed because no other paperwork was ever filled out after the 1 year lease was up)

That's the way it works.

Once we go to court, how long in the state of Indiana do we have to move out

The judge will say when he or she signs the order at the hearing. Usually only a few days at most.

what are our chances of not having to pay the past due rent since he has refused to fix anything since we moved in here

About the same as a lump of snow in a very hot place.

ScottGem · Oct 12, 2012, 05:14 PM

You would be in a much better position had you done things properly. Have you reported the landlord to the housing department? Have you given the landlord written notice of the repairs?

If you had followed the rules, you could have used the rent to pay for the repairs. However, if you can show proof that required repairs were not made, you may have a chance.

tllopez317 · Oct 12, 2012, 05:39 PM

We have sent the landlord 3 written certified copies of the repairs that were needed.

AK lawyer · Oct 12, 2012, 07:48 PM

Originally Posted by tllopez317

We have sent the landlord 3 written certified copies of the repairs that were needed.

What you should have done would have been to write the landord a letter that the rent money was being deposited in escrow until the specified repairs were completed. Whether you can do that, exactly how, and what exact sort of problems you can do it for, will depend on the landlord-tenant law of whichever state you are in.

ScottGem · Oct 13, 2012, 05:30 AM

Did the letter state a deadline to do the repairs? Did it state what actions you would take if the repairs were not done?

Fr_Chuck · Oct 13, 2012, 06:28 AM

I think the issue is they were late paying and got fairly well behind. And this was not related to the repairs.

So the landlord really needed to evict months ago, not wait so long.

Most of the repairs are minor, not sure what the terms of the first lease was, but some require tennants to do minor repairs. A light switch is about 3 to 5 dollars and takes about 10 min to change. I find it somewhat strange that a tenant would not have merely fixed it, and then sent a receipt of that small amount for the switch to be taken off.

The leaks depending what, how and where are another issue.

But yes at this point, just find another place to live, you will be evicted in days after this hearing.