State Specific Question About: INDIANA (IN)

What does your lease say about the condition of the premises?

What is "filthy"? I know some land lords who are meticulous housekeepers for whom one smudge on a wall or dishes left in the sink is "filthy."

The bottom line is dirt is a highly variable condition. Would a judge agree that "filthy" by Lloyd's definition = property damaging filthy? Many of my residents keep their units in a state of clutter, disarray, but some of them keep their units better than my personal residence. "Filthy" is in the eye of the beholder MOST times. However...

If municipal ordinances are being violated and/or you have a bug infestation, then perhaps you have an evictable lease violation. Keep in mind if you go to court you must PROVE it warrants someone being tossed out of their home. Unpaid rent is a lot easier to prove than "this is too dirty."

Just a few things to check...

Do they have established trash service?

Is there junk outside the unit cluttering up the lawn?

Are they storing kids toys or other "attractive nuissances" outside (pools, trampolines, playgrounds, etc)?

Do they have non-outdoors, upholstered furniture on the front porch?

Lloyd,

I don't know of an Indiana law about filth.

Here's what I do: I send a letter giving them a firm deadline to clean a list of specific things such as 10 days to remove all items stored outside and unlicensed and/or inoperable vehicles.

Indoor filth is hard to specify. 10 days to remove all cat litter, clean the bathroom and kitchen...

If not cleaned to management's satisfaction the only remedy is to file for eviction based on non-compliance with the lease.

Don't hold your breath. They won't clean. That's just the way they live.

And judges are not likely to actually evict based on anything other than unpaid rent.

My lease is clear: resident is responsible to keep the home and grounds clean.

In Indiana you can end their lease with a 30 day written notice. If they refuse to leave do not accept ANY payment that comes in after the 30 days and evict for Non-Payment of Rent. Odd but that's how the Indiana system works.

The law does nto force you to accept payment.

Future: this is EXACTLY why I push hard on the 2 Minute In Home Visit prior to final approval. Would have saved you thousand$$$ in cleaning and stress.

They can check out fine on paper but only your nose knows!

BRAD