WHAT ALL LANDLORDS AND TENANTS
SHOULD KNOW

The landlord and tenant should carefully check references, credit histories, and prior landlords or tenants before entering into any lease agreement. All leases, notices, requests for repairs, communications between landlord and tenant, rent payment, and rent receipts should be in writing (although they may not be required to be in writing) to prevent disputes that the court must settle.

Oral lease agreements are enforceable, but there are fewer disputes about the terms of the lease when it is written and when all parties have read it carefully before signing.

Unless the lease terms provide otherwise, the general rule is that a month-to-month lease, written or oral, requires advance notice of at least 30 days for termination by either party. There are certain statutory prescribed circumstances (IC 32-7-1-7) where advance notice or notice to quit is not necessary. However, actual eviction with the sheriff’s participation does require a court order. The better practice is to give advance notice in case of doubt, and/or consult an attorney if you are not sure whether advance notice is required in the particular situation.

Generally, if a landlord has accepted late rent payment in the past, the landlord must give the tenant reasonable notice, preferably in writing, that in the future late payments will no longer be accepted and will be considered a breach.

Reasonable charges for late rent payments may be assessed by the landlord but ONLY if agreed to in advance.

Landlords are entitled to come on the property or enter the premises at reasonable times and with reasonable notice to make repairs and inspections; they are entitled to immediate access to make emergency repairs and inspections. Otherwise, the tenant is entitled to peaceful enjoyment; and if the landlord wrongfully violates this peaceful enjoyment, the landlord may be in violation of the lease.

As a general rule a landlord has no duty to make repairs to leased premises unless the landlord agrees to do so in the terms of the lease. Tenants must inform the landlord promptly and, if possible, in writing when essential repairs or those agreed upon are needed. If the landlord fails to make agreed repairs within a reasonable time after notice, the tenant may have them completed and deduct the cost from rent BUT ONLY FOR ESSENTIAL REPAIRS THAT THE LANDLORD HAS AGREED TO MAKE, AND ONLY IF A PRIOR REQUEST HAS BEEN MADE.