Protecting Your Rights as a Residential Landlord
Ben Niehoff, Attorney-at-Law

Commencement of the Landlord-Tenant Relationship:
It is important to particularly define the rights and responsibilities of each party at the outset of any contractual relationship. A landlord-tenant relationship is no different. As a landlord, you want to ensure that your rights are protected from potential problems caused by a tenant. Your lease is the governing document. It should clearly set forth:  the parties, the premises, the term, the amount and timing of rent payments, a definition of what constitutes default, remedies in the event of default, and a definition of each party’s responsibilities with respect to repairs at a minimum.

With respect to damages, you will want to include a clause providing that in the event the lease is terminated due to default of the tenant the obligation of the tenant to pay rent throughout the term of the lease will survive. In the absence of such a clause, a tenant may be able to avoid his payment obligations under the lease. You also will want to inspect your property occasionally to be sure it has been properly maintained by the tenant.  In the absence of a contractual clause giving you the right to inspect the property, you may not be able to do an inspection without risking a claim by the tenant for interference with his quiet enjoyment of the property.    

The landlord should do a move-in inspection with the tenant prior to the tenant’s taking possession. The move-in inspection should note the condition of the premises at the time of move-in and should be signed by the landlord and tenant. A thorough move-in inspection can preempt later claims by a tenant that the premises was damaged prior to when the tenant took possession. Pictures or videos of the premises would be a good idea at this point. 

Landlords often require the tenant to provide a security deposit at the outset of the tenancy. The deposit serves as security for damages the tenant might cause to the premises. Retention of security deposits is governed by statutes which can materially affect your rights. 

Statutes also set forth a landlord’s obligations with respect to repairs and maintenance of the premises. By statute, a landlord is required to deliver the rental premises in a safe, clean, and habitable condition, comply with all applicable health and housing codes, make reasonable efforts to keep common areas of a rental premises in a clean and proper condition, and provide and maintain electrical, plumbing, heating and air conditioning systems.

In addition to state statutes, there may be ordinances or other requirements particular to your locality which might be applicable to your situation. For older houses, federal requirements, such as disclosure of the possible use of lead paint, could be applicable.

You should become aware of all legal requirements that might govern your situation prior to offering your premises for rent.

The End of the Landlord-Tenant Relationship:
If the tenant fails to pay rent or commits another breach of the lease, you will have cause to remove the tenant and end the relationship. You may not, however, regardless of what your lease states, take so called self-help measures. Under Indiana law, you cannot: change the locks or otherwise exclude the tenant from the premises; remove windows, doors, fixtures or appliances; or interrupt, reduce or shut off utilities to the premises. You also cannot take possession, remove, dispose of, or deny a tenant access to his personal property in an attempt to enforce the rental obligations. You are required to file an action for eviction in order to have the tenant removed from the premises. At the hearing, the judge will determine your right to possession and then will set the matter for a hearing on damages. 

You also may gain possession by expiration of the lease term with the tenant’s agreement to vacate, or perhaps by the tenant abandoning the property.  In either case, you can retake possession without an order from the court.  

At the end of the landlord-tenant relationship, no matter how it occurs, you will want to do a move-out inspection, noting the condition of the premises. You should notify the tenant of when the inspection will take place and, if possible, have the tenant sign off as to the condition of the property at the time of the move-out. You should take pictures and video of the property to support any later claim for damages.  If the tenant has left personal property, he should be contacted about removing the items. 

Indiana law provides that a landlord has no liability for property that has been abandoned. The applicable statute defines property as abandoned “if a reasonable person would conclude that the tenant has vacated the premises and has surrendered possession of the personal property.” Your lease may not define abandoned property differently. If the tenants’ personal property remains on the premises when you file for eviction, you may get a court order allowing you to remove the personal property. In such instance, you will need to have the property stored but the costs can be charged back to the tenant.

If the property has been damaged and if you have taken a security deposit at the outset of the lease, you may withhold the security deposit to cover your damages. However, if the tenant has provided a forwarding address to you in writing, you must provide a specific itemization of damages to which the security deposit is being applied within 45 days of the end of the landlord-tenant relationship. If you do not provide the itemization of damages within the statutory time-frame, you may forfeit your entire claim for damages and in addition may owe the tenant not only the security deposit, but any attorney fees he incurs in attempting to recover the deposit. Accordingly, providing the itemization is of primary importance.

© 2010

If you would like to review your rights in a dispute, do not hesitate to contact the professionals at Andrews, Harrell, Mann, Carmin and Parker.

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This information does not constitute legal advice. Each actual situation requires unique legal needs, so the information may affect one situation differently than another. Further, the law changes regularly and may vary from one jurisdiction to another. Accordingly, AHMCP disclaims any liability for action taken or not taken based on the material on this web site. Simply stated, the specific legal issues affecting a given situation require specific analysis and specific solutions. The information on this site, by its general nature, cannot provide such analysis and solutions.