1. Read the Lease Carefully Before You Sign It

Read the lease carefully before you sign. The landlord can enforce any and all reasonable terms written in the contract as long as they don’t contradict any state or local laws. Understand the terms of the lease before you sign the contract.

2. Take Photos of Your Apartment When You Move In and Move Out

To protect your security deposit, take plenty of photos to document the condition of your apartment at move in and move out. Keep the photos in a safe place until you are ready to move out. Thoroughly fill out a checklist to document preexisting damages at move in and make sure it is signed by both landlord and tenant. Request a move out walk-through before you move out. This can give you a better understanding about what the landlord may charge you.

3. Document All Communications with Your Landlord in Writing

Document all your communications your landlord. Keeping good documentation can save you from a lot of trouble during and after your tenancy.

4. Prioritize Paying Rent above Other Expenses

Don’t take chances with your housing. If you don’t pay rent and get evicted, it will likely cause problems with your job, school, and your health. And, an eviction on your record can make it very hard to rent again. Document every payment and communication with your landlord to protect yourself.

5. Do Not Withhold Rent if the Landlord is Not Making Repairs

It is not a good idea to withhold rent from the landlord, even if they are not making repairs. Keep a written record of your requests for repairs, and consider small claims court if your requests are ignored. Tenants make themselves vulnerable to evictions if they don’t pay rent.

6. Survivors of Domestic Violence Have Additional Protections Under the Law

Survivors of domestic violence cannot be discriminated against because of their status. Survivors also have the right to legally break their lease to escape an abuser, but must follow the proper legal process. In addition, landlords cannot refuse to rent to you because of your status as a domestic violence survivor.

7. Eviction Always Requires a Court Process

Evictions require a specific court process. Even if you’ve failed to pay rent, it is illegal for a landlord to remove a tenant’s belongings without their consent, shut off utilities, or change the locks. It is best to call the police if the landlord attempts to exercise these actions without a court order.

https://housing4hoosiers.org/get-your-housing/find-it/top-tips-for-tenants/

Finding a rental apartment can be an intimidating process. Once you’ve found a potential unit to lease, the landlord will screen for many things such as: credit history, past rental history, criminal history and income. This checklist document is intended to be a helpful guide to prepare for passing those background checks and qualifying for a lease. Think of this document also as a checklist the landlord will follow when screening.

Credit History

Landlords check a potential tenant’s credit report because it reveals how much debt an applicant owes and how punctual he/she is in repaying those debts. A poor credit report may indicate the applicant cannot pay their portion of the rent on time and in full. Not sure what your credit report looks like? You can run a free credit report by accessing websites such as www.creditkarma.com or by phone at 877-322-8228.

Do you need help repairing your credit? Local resources are available.

• Call  2-1-1 for other resources in the area.

Past Debts

It is important to settle these past due debts immediately. An applicant family is immediately disqualified from the Section 8 program if they owe the Public Housing Authority money. Another example of past debts that could be owed is to utility companies for past due bills or service fees. Make sure you can get the utilities turned on in your name before signing a lease. Many Section 8 rental units require the utilities to be in the head of household’s name.

Do you need help with past due debts? Local resources may be available:

• Call 2-1-1 for other resources in the area.
• Local social service providers may help with utility payments.

Good Landlord Reference

Potential landlords will call your past landlords to determine what kind of tenant you were. They will ask if you damaged the previous unit, had unreported persons living there, caused noise complaints, paid the rent on time and in full and kept the unit safe and sanitary. One bad recent tenancy history can affect you for many years.

If you can get a letter from a previous landlord stating you paid the rent on time, kept the unit safe and sanitary and respected the rights of your neighbors, this could be very helpful in proving good tenancy history.

Criminal Background

A felony charge on one’s criminal background can be hard to overcome. A reference letter of good standing with a probation or parole officer could help.

Save for a Deposit

The deposit can be up to a full month’s rent in addition to pet deposits or other fees. It is important to start saving for this as soon as possible.

Searching in Person: Tips for Putting your Best Face Forward

There’s a saying that first impressions are everything. “You never get a second chance to make a first impression.” When going to first meet a potential landlord, consider these tips:

• Dress nicely. A conservative dress shirt with dress pants is appropriate.
• Have letters of reference in hand to give to landlord. Make copies so you can keep the originals.
• Let the landlord get to know you. If you have a Housing Choice Voucher, don’t start the conversation asking about Section 8.

Self-Sufficiency

Participating in poverty-alleviating programs can signal to a landlord that one is working towards raising their income to become fiscally responsible. A reference letter from the program coordinator may be helpful to demonstrate one is working to overcome any of the above barriers.

Right to Fair Housing

Federal law prohibits housing discrimination based on your race, color, national origin, religion, sex, family status, or disability. If you have been trying to buy or rent a home or apartment and you believe your rights have been violated, you can file a fair housing complaint.

If you think your rights have been violated, the Housing Discrimination Complaint Form is available for you to download, complete and return, or complete online and submit, or you may write HUD a letter, or telephone the HUD Office nearest you. You have one year after an alleged violation to file a complaint with HUD, but you should file it as soon as possible.

https://housing4hoosiers.org/get-your-housing/rent-it/the-smart-renter-checklist/

The lease is your agreement between you and your landlord concerning the rental property. Your lease and Indiana law determine your rights when you are renting from a private landlord.

Typically, leases are for no longer than one year. Some leases are for a full year while others are on a month-to-month or weekly basis. Some landlords offer leases for periods shorter than a year, but longer than a month or week at a time. If you need a lease for nine months and the landlord appears to only offer a year lease, ask the landlord whether the landlord would be willing to allow you to rent the property for only nine months and if the landlord is willing, make sure the lease says it’s only for nine months.

A lease can be either written or verbal. Whether you feel comfortable with a written lease or an oral lease is your decision to make. Both types of leases have good and bad points.

Written Lease

A written lease makes it easier to prove that your landlord promised to do something he has not done and to prove how much rent you agreed to pay the landlord. A written lease can also force you to pay the rent for the entire lease period even if you move out early. Some written leases say that if you try to move out before the lease ends, you may have to pay a fee to break the lease. You need to read your lease very carefully before you sign it.

An Oral Lease

An oral lease is based on what you and the landlord agree verbally. An oral lease does provide you with some flexibility. For instance, if you have a month-to-month lease, you can move more easily than if you have a year’s lease. You would only need to give the landlord notice equal to the rental period. That means that if you and the landlord agree the lease is for one month at a time, you must provide one month’s notice that you are going to move out. However, an oral lease makes it difficult to prove any agreement you and your landlord may have, which would, for example, allow the landlord to claim that your rent was for more than what you paid.

Read Your Lease Carefully

If you will be signing a written lease, get a copy of the lease agreement a few days before you are to sign it so that you can read it over carefully.

Make sure that your lease agreement includes everything you and your landlord have agreed to. For example, if you and your landlord agreed that you will receive $100 off your first month’s rent, make sure your lease states that you will receive $100 off your first month’s rent.

Before you sign the lease agreement, make sure you understand what your duties are under the lease. Most leases include duties, rules, and regulations other than just paying your rent and can end up causing you problems down the road if you do something the lease says you cannot do.

Look out for lease terms that would make you responsible for things you don’t want to do. For example, a lease could say you are responsible for all maintenance and repairs, or that your landlord can come in to your home at any time and without notifying you first.

Some additional things to look out for:

• Acceleration clause: this means that you must immediately pay the rent and fees that would be due through the end of the lease.
• Breach of the lease agreement, and what happens if the landlord thinks you breached the lease agreement. A lease may say that you will pay certain fees if you breach the lease—such as administrative fees, attorney fees, and court costs if the landlord has to take you to court to evict you.
• Late rent: Is there a late fee if you do not pay your rent on time?
• What utilities are you required you to pay?
• What additional rules and regulations your landlord has included in the lease?

If you disagree with any of the lease terms, ask the landlord to change or remove the term. If your landlord agrees, draw several “X”s or lines through the sentence or words and have your landlord initial and date it.

Take your time and read the lease. If you have questions about the agreement, get your questions answered before you sign the lease agreement. If you can, take the lease to a lawyer and have the lawyer look it over and answer any questions you may have.

https://housing4hoosiers.org/get-your-housing/rent-it/understanding-your-lease/

The Eviction process is to determine who has legal rights to possession of the leased property in question. This requires a court order.

Do all you can to avoid eviction: with an eviction on your record, it may be much harder for you to find a new place to rent.

If you are behind on your rent, it is important to seek help sooner rather than later. When renters are at risk of getting evicted, communication with your landlord is key to knowing all your options regarding an eviction.

AVOIDING EVICTION for non-payment of rent

1. Let the landlord know as soon as possible that you are unable to pay rent.

When you notify your landlord that you are unable to pay rent, there are a few options you can discuss with your landlord.

2. Tell the landlord that you want to avoid an eviction and are willing to voluntarily move out. OR
3. Attempt to request emergency assistance from your township trustee or another local service agency. Communicate this to your landlord, first, to talk through a potential payment plan that you both can agree on or a specific date on when you can have your rent paid in full to stay in the home.

If the landlord is not willing to accept rental assistance to allow you to pay and stay and you are unable to pay the balance on your own there are steps you can take to move forward.

4. Suggest a reasonable date when you can move out.
5. Thoroughly clean the unit and leave it in great condition.
6. Take pictures or a video of the property as proof of the condition when you left.
7. Do a walk through inspection with your landlord of the property.
8. Return all keys to the property to the landlord. This is how the landlord will know they have been returned possession to the property.
9. Give your landlord your new address in writing and keep a copy of the letter. The landlord will have 45 days to send you an itemized list of past due rent and damages.

Some landlords may try to evict people without taking them to court. However, it is illegal for the landlord to change the locks to your home or shut off your utilities in order to force you out.

THE TYPICAL STEPS IN AN EVICTION

1. The landlord notifies the tenant that they are behind on rent or otherwise in breach of the lease. With this notification, a landlord states the issue will need to be resolved in a specific timeframe or an eviction will be filed.
2. If the issue is not corrected in the appropriate timeframe, the landlord will then file an eviction case in court against the tenant.
3. The tenant then receives a court notice of eviction by the landlord, by certified mail, or by the sheriff.
4. If you are under a subsidized housing program, you may have other rights, such as a right to a grievance hearing and heightened notice requirements.

THE FIRST HEARING

1. The first hearing is to decide who has the legal right to possession of the of the leased property. If the tenant is behind in rent or otherwise in violation of their written or oral lease, the landlord will have the right to possession. The court will order the tenant to move out of the apartment by a certain date (7 days are given in Allen County, but each county sets their own timeframe between 1 & 30 days) and a second hearing called a damages hearing is then set. The second hearing is a hearing to determine if any money is owed to either party.
2. If the tenant feels there was no violation of a verbal or written lease, the tenant can request a trial which will be held in front of a court Magistrate, usually within a week or two of the initial hearing.

THE SECOND HEARING

There is often a second hearing for the court to decide if the tenant owes the landlord any money or vice versa. This is referred to as a damages hearing. This does not necessarily mean there is damage to the home, but this hearing will determine what monies are owed to each party, if any. Back rent, fees, and damage beyond normal wear and tear to the property are examples of costs discussed at this hearing.

The tenant can also tell the court if they believe the landlord owes them any money. To get information on how this may be possible, is it best to consult with an attorney at least 30 days prior to the damages hearing date.

For more on the ins and outs of evictions, download “A Renter’s Handbook: A Handbook for Tenants and Landlords,” produced by Indiana Legal Services in collaboration with South Central Indiana Housing Opportunities.

https://housing4hoosiers.org/get-your-housing/keep-it/ins-and-outs-of-eviction/

The mission of the Office of Fair Housing and Equal Opportunity (FHEO) is to eliminate housing discrimination, promote economic opportunity, and achieve diverse, inclusive communities by leading the nation in the enforcement, administration, development, and public understanding of federal fair housing policies and laws.

Click here to read more.

https://www.hud.gov/program_offices/fair_housing_equal_opp

Renters headed about 36% of the nation's 122.8 million households in 2019. If you're one of them, whether you're renting a single-family house in a small town or a studio apartment in an urban 300-unit high-rise, you might feel like you're at a disadvantage.

Click here to read more.

https://www.npr.org/2023/06/02/1179885681/renting-learn-to-be-your-own-best-housing-advocate

260-407-0917
http://www.vlpnei.org/

Eviction Clinic: 1^st Wednesday of the month 6-8pm; 3^rd Wednesday of the month 1-3pm

Call for advice on how to handle difficult situations with landlords. Also may be at Allen Co Eviction Court on Fridays.

260-424-9155
https://www.indianalegalservices.org/topics/37/housing

Helps with evictions, can fight for damages charged to tenants

Call 211
Visit your Township Trustee: Township Locator:
https://censusreporter.org/locate/