Indiana Complaint regarding double rent damages for holdover
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How to fill out Complaint Regarding Double Rent Damages For Holdover?
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FAQ
There's no required waiting period for tenants holding over on expired leases, or month-to-month tenants 'committing waste' (damaging or vandalizing the rental property). Landlords can file evictions immediately upon providing the unconditional notice to quit. (See Indiana Code Ann.
As used in this chapter, "retaliatory act" means any of the following actions taken by a landlord in response to a tenant's engaging in a protected activity: (1) Increasing the amount of the tenant's rent. (2) Decreasing, terminating, or interfering with services provided to the rental premises.
Tenancy at sufferance refers to holdover tenants of an expired lease who no longer have the landlord's permission to remain in the property, but who have not yet been evicted. The term sufferance means the absence of objection without genuine approval.
The Indiana Office of Housing & Urban Development (HUD) has several resources available for renters on their website, including dispute forms, tenant rights, landlord obligations, legal assistance, and more.
Comply With the Eviction Notice, If Possible If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Indiana, the landlord must not proceed with the eviction (see Ind. Code Ann. §§ 32-31-1-6 and 32-31-7-7).
Unlike some states, Indiana does not have a law that lets tenants withhold rent or make repairs and deduct it from the rent. Generally, if you do not pay rent, you could be evicted. There may be very limited cases where you can repair and deduct, but you should talk to a lawyer first.
Indiana Eviction Timeline Eviction ProcessAverage TimelineIssuing an Official Notice10-90 daysIssuance and Service of Summons and Complaint5-20 daysCourt Hearing and Judgment + Issuance of Writ of Execution3-20 daysReturn of Rental Property48-72 hours
For damage to or destruction of personal property, Indiana Code section 34-11-2-4 gives property owners two years to get their lawsuit filed in court. For damage to or destruction of real property, Indiana Code section 34-11-2-7 gives property owners six years to get the lawsuit filed.