Legal Question in Landlord & Tenant Law in Indiana

Ok..Here's the deal. I own a house that I am renting out. I messed up and was late on paying the second mortgage and a letter was delivered to the house. My renter freaked out and called me. I explained to her that it did happen and that it was all paid up. Now she has refused to pay the rent until I give her copies of the letter sent and statments from both loan companies stating that I am not in default. I don't feel she is entitled to the statements and cannot use that as a reason to not pay the rent. Am I wrong?

Asked on 11/02/11, 5:53 pm

1 Answer from Attorneys

Aaron Butler Aaron J. Butler, Attorney at Law

Your lease lists the tenant's obligations regarding rent, in exchange for possession of the real estate for a specified term. My guess is the lease does not oblige you to affirmatively prove you are not in default on your mortgage at any particular time (check to make sure). Therefore, she owes you rent per the lease as long as her right to possession of the property is not impacted.

Certainly, failure to pay rent is cause for eviction. If you really want the rent, and don't want to give her your financial information, the threat of eviction may convince her to pay up.

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Answered on 11/05/11, 8:24 am

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