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Thread: Law Advice (Renter/Tenant Lease)

  1. #16
    GR8NESS WMR's Avatar
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    Re: Law Advice (Renter/Tenant Lease)

    Quote Originally Posted by cincinnati chili View Post
    Not the case in any jurisdiction I've ever heard of.

    I'm not an Indiana lawyer (Colo), and cannot give you legal advice. But I encourage you to look at this publication put out by Indiana University. It's unclear to me how much of this is specific to Bloomington ordinances (which might provide more protection than Indiana state law). But one quote stood out:

    http://www.indiana.edu/~sls/landlord_tenant.html#23

    "Sale of a Rental Unit

    When a landlord informs tenants that the building is being sold and a new landlord is taking over, the tenants are usually concerned about the status of their leases. The rule is that property is sold subject to any existing leases. The new owner cannot kick you out or raise your rent during the time your old lease still runs, unless that lease allowed the old landlord to do it. Your new landlord has the same rights as your old landlord had. If you breach the lease, you may still be evicted.

    As long as you comply with the lease terms, however, you can't be forced to leave prior to the end of your lease term just because the new owner doesn't want you there"
    TS,

    I would make the owner sign an agreement to foot the bill for your moving expenses BEFORE you agree to move out. The law technically sides with you but you should still leave, IMO, because the owner can make your life hell while you are still there.

    However, you've got a good deal of leverage here yourself and making sure he agrees in writing to cover your moving expenses will make it a hell of a lot easier to win in an open and shut type manner if he tries to stick you for it later.
    Quote Originally Posted by Scrap Irony View Post
    Calipari is not, nor has he ever been accused or "caught", cheating. He himself turned in one of his players (Camby) for dealing with an agent to get one Final Four overturned. The other is all on the NCAA and Rose. (IF Rose cheated.)
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  3. #17
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    Re: Law Advice (Renter/Tenant Lease)

    Quote Originally Posted by GIDP View Post
    Seriously he could put it up for sale and have the same person come at look at it every day if he really wanted to I think. All he has to do is give you 24 hours notice. He pretty much can drive you nuts if he really feels like it.
    Sounds like more trouble than it's worth.....for the landlord.

  4. #18
    I hate the Cubs LoganBuck's Avatar
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    Re: Law Advice (Renter/Tenant Lease)

    Quote Originally Posted by Rojo View Post
    Sounds like more trouble than it's worth.....for the landlord.
    Never underestimate the power of stupid people.
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    Re: Law Advice (Renter/Tenant Lease)

    or soon to be homeless divorcees

  6. #20
    Potential Lunch Winner Dom Heffner's Avatar
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    Re: Law Advice (Renter/Tenant Lease)

    I didnt say anything about him actually selling it. I'm just saying there is a million ways for him to drive him nuts.
    This is true- though there are a million ways for Team Selig to drive him nuts, probably more so since the tenant is going to have more rights in this case.

    All in all, though, it isn't going to be fun for TS living somewhere where he's not wanted.

  7. #21
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    Re: Law Advice (Renter/Tenant Lease)

    I don't know Indiana law. Let me just get that out of the way in the beginning.

    However, what I do is exactly what you have here. I represent tenants. And let me say that in Florida your Landlord wouldn't even get it in front of the judge if he filed this "eviction." You have a contract, its that simple. He either abides by the contract or he has to lie to break the contract. You have done nothing wrong, so as long as you pay your rent on time you are safe.

    I would tell him that you are not leaving. Tell him that if he wants to take you to court you would be happy to go tell a judge what is going on. He is the one who is going to have to pay filing fees (in Florida its over $100), etc.

    Then tell him that you'd have no problem leaving but you have a contract and you need to negotiate to break contract. Then get everything you want. If he doesn't give you everything you want (moving expenses, work reimbursement, etc) then tell him no, you are staying.

    Remember, you have done nothing wrong. This is a contract and once signed and meeting of minds happened, one side cannot break just because (which is what divorce is). As for him making your life hell - I wouldn't worry about that. Read the Indiana statute to get specifics, but a LL cannot harass a tenant and cannot evict based on retaliation, so read up and find your rights and use them.
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  8. #22
    Danger is my business! oneupper's Avatar
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    Re: Law Advice (Renter/Tenant Lease)

    Lots of great advice here. I'm just going to jump in to try to add a little something.

    Try to keep it CIVIL. When you talk to the guy, keep your tone down, stick to the facts and your legal rights, don't make it personal.

    These things get out of hand when people start making it personal. No need for that. It's a hassle for you, its a hassle for him (divorce and all). Its not personal...its just business.
    "A person is smart. People are dumb, panicky, dangerous animals and you know it."

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  9. #23
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    Re: Law Advice (Renter/Tenant Lease)

    I am a lawyer, although I am not admitted to practice in Indiana. There is no lawyer-client relationship between Team Selig and me. That said, I think Team Selig has been given some excellent advice, both regard to the law (which is on his side) and with regard to the practical issue of staying put with a landlord who appears to be a jerk.
    As far as the suggestion that the landlord sign an agreement to pay for the moving expenses, it would be better to obtain an estimate of the cost of moving before Team Selig agrees to move out and have the landlord advance pay for those expenses then; otherwise there will be the hassle of trying to get the landlord to comply with the agreement. We already know that the landlord doesn't like to honor contracts.
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  10. #24
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    Re: Law Advice (Renter/Tenant Lease)

    UHAUL rental
    - $14.00 (safemove coverage)
    - $19.95 (10' truck)
    - $25.55 ($0.79/mile, 31.26 miles + 1.08 from A to B = 32.34 miles)
    - $10.00 (Furniture pads; 1 dozen)
    - $10.00 (Appliance dolly)
    Total Cost = $79.50


    Labor
    Est. Hours Pay Total
    Dave Fxxxxx 8 $10/hr $80
    David Gxxxx 8 $10/hr $80
    Jeff Hxxxx 8 $10/hr $80
    $240

    Security Deposit returned in full $450

    Missed Work
    Est. Hours Pay Total
    Brittany 15 (2 days work) $9.50/hr $142.50
    * 1 day of work to find new residency and packing
    * 1 day of work to help move into new residency

    Total Moving Expenses
    - Missed Work $142.50
    - Security Deposit $450.00
    - Labor $240.00
    - UHAUL $079.50

    Total Cost = $912.00

    Does this look about right?

  11. #25
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    Re: Law Advice (Renter/Tenant Lease)

    Quote Originally Posted by TeamSelig View Post
    UHAUL rental
    - $14.00 (safemove coverage)
    - $19.95 (10' truck)
    - $25.55 ($0.79/mile, 31.26 miles + 1.08 from A to B = 32.34 miles)
    - $10.00 (Furniture pads; 1 dozen)
    - $10.00 (Appliance dolly)
    Total Cost = $79.50


    Labor
    Est. Hours Pay Total
    Dave Fxxxxx 8 $10/hr $80
    David Gxxxx 8 $10/hr $80
    Jeff Hxxxx 8 $10/hr $80
    $240

    Security Deposit returned in full $450

    Missed Work
    Est. Hours Pay Total
    Brittany 15 (2 days work) $9.50/hr $142.50
    * 1 day of work to find new residency and packing
    * 1 day of work to help move into new residency

    Total Moving Expenses
    - Missed Work $142.50
    - Security Deposit $450.00
    - Labor $240.00
    - UHAUL $079.50

    Total Cost = $912.00

    Does this look about right?
    Things are different in Indiana. My landlord paid me $20K to move out.

  12. #26
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    Re: Law Advice (Renter/Tenant Lease)

    TS, before you do anything I would call the Indiana Bar Association and see if they can refer to you to an organization that protects tenants' rights. My sister was able to get free legal advice and representation in a dispute with her landlord in Chicago.

  13. #27
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    Re: Law Advice (Renter/Tenant Lease)

    Quote Originally Posted by dsmith421 View Post
    TS, before you do anything I would call the Indiana Bar Association and see if they can refer to you to an organization that protects tenants' rights. My sister was able to get free legal advice and representation in a dispute with her landlord in Chicago.
    Yep.

  14. #28
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    Re: Law Advice (Renter/Tenant Lease)

    Well, the LL just stopped in and told me he wasn't going to pay any moving costs and it would have to go to court for him to pay it.

    He slightly hinted at a grass being mowed violation of the lease, but I don't think that will be a problem. He complained twice about the grass and both times I mowed it that same day (within 10-12 hrs even)

    He also told me that his written "eviction" paper was a form from a lawyer and that you didn't have to go to the courthouse for it to be official.

  15. #29
    GR8NESS WMR's Avatar
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    Re: Law Advice (Renter/Tenant Lease)

    I'd be just about ready to dig my heels in and tell the owner that he's either going to pay your expenses or you're not going ANYWHERE.

    And tell him his "eviction letter" would be fine and dandy if it didn't go in direct contradiction to THE ACTUAL LAW.

    Time to tell this guy how it is, TS.
    Last edited by WMR; 07-29-2009 at 09:35 PM.
    Quote Originally Posted by Scrap Irony View Post
    Calipari is not, nor has he ever been accused or "caught", cheating. He himself turned in one of his players (Camby) for dealing with an agent to get one Final Four overturned. The other is all on the NCAA and Rose. (IF Rose cheated.)
    "Cheering for Kentucky is like watching Star Wars and hoping Darth Vader chokes an ewok"


  16. #30
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    Re: Law Advice (Renter/Tenant Lease)

    I can't seem to find where I can get a number for a lawyer in Indiana for this. I told him when he left that i'd contact a lawyer to double check and then I'd let him know.


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