The relationship between a landlord and a tenant arises from a contract, whether oral or written and is governed by both the contract and the law. As such, to have a good and lasting relationship, both parties must understand the basics of landlord-tenant law. They must know their duties, responsibilities, and rights under this law. Otherwise, if they are unaware or if they choose not to comply with their duties and responsibilities, it becomes inevitable that disputes arise between them.
Two of the fundamental responsibilities of landlords under the law is to provide a rental place that is livable and habitable and to ensure the quiet enjoyment of the tenant toward the property.
Under the law, landlords are required to provide and maintain several key amenities that were determined to make the rental place habitable. These include walls, floors, waterproofed roofs, toilets, a reliable furnace and heating system, windows, doors, sufficient supply of hot and cold water, safe electric wiring, outlets, and lighting, adequate plumbing, and smoke detectors.
Further, landlords are not to disturb the tenant’s rights over the property or let any other person disturb the tenant’s peaceful occupancy.
Other duties and responsibilities of landlords include giving a notice 30 days before the increase in the rental fee and returning the security deposit within 45 days after a tenant moves out.
A tenant’s primary responsibility is to pay the rental fee on time. This is the primary consideration for his continued enjoyment of the premises. If a tenant fails to comply, then the landlord has sufficient cause to end the lease due to a breach of contract.
Once turned over, it is the responsibility of the tenant to keep the place habitable and compliant with safety and hygiene standards in accordance with state and local health codes. Furthermore, a tenant has the responsibility to cover the cost of damages beyond the normal wear and tear. In the same manner, if a tenant damages or destroys a part of the property, it is his responsibility to have it repaired or replaced.
Other tenant duties and responsibilities include following all reasonable rules and regulations of the property and not using it for illegal activities as well as returning the property in good and proper condition at the expiration of the lease contract.
There are hundreds of other duties, responsibilities, rights, and causes of action under Indiana’s landlord and tenant laws. If any of the duties and responsibilities under the law were not performed by either the tenant or the landlord, then there can be said to be a breach of contract and a violation of another’s rights. These can be contested in court.
In such a case, it is always best to consult a landlord-tenant attorney to discuss and know the rights and remedies available to you. Further, you would also need a good lawyer to represent you in court. The Law Office of Maxine E. Law can represent either landlords or tenants in these kinds of disputes. Some of the popular disputes that we can handle include:
There are other possible disputes between landlords and tenants, mainly arising from a party breaching any of the provisions of the lease contract. While it is the first goal of Maxine E. King to resolve landlord-tenant issues amicably, she is prepared to represent the client and to help the client with his cause. The ultimate objective is to safeguard and uphold the client’s rights in the lease agreement and as prescribed by law.
Contact the Law Office of Maxine E. King today and have an experienced and efficient lawyer represent you in your landlord-tenant dispute!
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