Indiana Notice to Lessee of Lessor of Damage to Premises

State:
Multi-State
Control #:
US-1095BG
Format:
Word; 
Rich Text
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Description

The Fair Credit Billing Act (FCBA) applies to "open end" credit accounts, like credit cards, and revolving charge accounts, like department store accounts. The FCBA settlement procedures apply only to disputes about "billing errors." For example: (1) Unauthorized charges (Federal law limits your responsibility for unauthorized charges to $50.00); (2) Charges that list the wrong date or amount; (3) Charges for goods and services you didn't accept or that weren't delivered as agreed; (4) Math errors; (5) Failure to post payments and other credits, like returns; (6) Failure to send bills to your current address - assuming the creditor has your change of address, in writing, at least 20 days before the billing period ends; and (7) Charges for which you ask for an explanation or written proof of purchase, along with a claimed error or request for clarification.

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FAQ

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.

Ultimately, the tenant is responsible for any damage that they cause to the property they are renting. The damage should be reported as soon as possible, so that it can be repaired or at least assessed by either the landlord or a professional (tradesman etc.)

During the 45 days after you move out, the landlord can use all or part of the deposit for damages that you caused to the property, as long as the damages are not "reasonable wear and tear." For instance, if you lived somewhere for a long time, the carpet may not look new any more and the walls may need to be painted.

Neither instance of reasonable is defined in the Indiana code, but most landlords give 24-hour notice and enter during normal business hours. The reasons of entry include requested repairs, inspection, maintenance, court order, abandonment, showing the apartment to prospective tenants, or emergencies.

Invading a tenant's privacy, not keeping the premises safe and in compliance with health and housing codes, failing to fix appliances, failing to provide adequate heat and hot water or, in other words, .

So, to answer the questions posed, it is against the law for a landlord to enter a rental unit without notice in most circumstances, to harass a tenant or to cause a tenant emotional distress by engaging in any of the above prohibited activities.

It is the biggest nightmare for any landlord to get to know that his property has been damaged by the tenant. The Landlord can deduct the amount from the security deposit, can sue the tenant, and can evict the property, depending upon case to case and tenancy agreement.

Generally, a landlord has up to 4 to 6 years to sue for damages as long as they have proof of the damage incurred by the tenant and records of the cost of repairs.

Even with regular cleaning, the carpet in a rental home typically lasts about five years before needing to be replaced.

You Have the Right to the Return of Your Security Deposit If a landlord wants to charge you for damages to the property, he or she must also give you an itemized list of damages and the cost of repair within the same 45-day period.

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Indiana Notice to Lessee of Lessor of Damage to Premises