Landlord 101 – General rules all Landlords should be aware of

Partial Payments: 

In general if a Landlord wants to evict someone who has not paid rent, they should not accept any future rent. Acceptance of rent, even partial rent, could prevent a landlord from receiving an order of possession from the Court or from the Sheriff enforcing such an order during the Writ process.

Personal Property Left in Unit:

Allen County has a local rule regarding personal property left in a rental unit after the Landlord regains possession. A landlord must send a letter, giving a Tenant 14 days to remove their belongings.

Security Deposit Letter:

Some refer to this as the 45 Day Letter. Once a Landlord regains possession of the unit/house they MUST send a letter itemizing how the security deposit was applied to damages or back rent. If there is any deposit left, the letter must also include a check for the remaining amount. This needs to be sent to the forwarding address provided by the tenant.

Prorate carpet:

In Allen County the court requires that a Landlord prorate carpet to a 7 year life span. To do this a Landlord needs to have a copy of the invoice when the carpet was originally installed (for the install date) and an invoice for the newly installed carpet (for the install date and cost). The Landlord may only charge for the remaining life of the carpet, not the entire replacement cost of the carpet. Creating a Carpet Prorate sheet to show how you came to this amount is highly suggested and in most cases required.

 

Some of these Rules are solely for the Allen County, Indiana area. Many courts treat the above slightly different and may have their own local rules. Please contact your local court or attorney for the common practices/rules in your area. Facts and history between the Landlord and Tenant may also change the actual outcome.  Perry Law Office can help with your eviction needs.

Leave a Reply

Your email address will not be published. Required fields are marked *