Legal Question in Landlord & Tenant Law in Indiana

I have a contract for deed on a house we are living in and have been for over five years. We pay renter's insurance. Part of our monthly payments are held in escrow for taxes and insurance. The contract states that our payments are due on the 1st and 15th of each month with a 15 day grace period. Because of a change in my husband's payroll, he was not paid and I had to contact the seller's daughter to tell her what happened. To make a looong story short, she said we are in arrears. I paid the full amount even though the bank's automatic deposit to her account wouldn't be able to happen until Feb. 2. Daughter throws a fit (which has never happened before) and accuses us of being late several times even though the payments were made every two weeks and always within the grace period. Frankly, I am scared of this woman and behavior. Do we have any rights. My husband and I are both senior citizens and he still works 40 hours a week. I believe the daughter may have a problem and needs the money and when it wasn't there, she exploded. Thanks for your time.

Asked on 1/21/18, 9:46 am

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

There shouldn’t be a problem if you had an attorney who represented you in the drafting and negotiation of this contract. If the landlord/owner accepted your late payment, they may have waived the claim of late default. But if you are late in future payments, you may be evicted and lose everything. So, you’ll have to be careful.

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Answered on 1/21/18, 2:34 pm

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