Can my landlord refuse to take my rent payment then evict me if is is only a partial payment I owe and he won’t fix anything?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my landlord refuse to take my rent payment then evict me if is is only a partial payment I owe and he won’t fix anything?

I paid all but $30 on time then had to get my water but back on since it was cut off without any notice and I couldn’t get it on until he paid the old bill now he’s telling me to get out and not even fillingin court.

Asked on August 27, 2012 under Real Estate Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Okay you have a lot of issues going on here. First, he can not just tell you to "get out."  He has to file an eviction proceeding against you and that requires notice and a petition filed in court.  Now, if your water was cut off because he did not pay the bill - and it was his obligation - and you paid it instead then he has denied you services under the law and breached the "warranty of habitability."   That may be true as well if he will not fix anything.  What you need to do is to go to court and start an action against him for the breach, ask the court to allow you to pay the rent in to court and for an "abatement" - reduction - in the rental amount until the matters are taken care of.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption