Indianapolis Indiana Letter from Tenant to Landlord containing Notice to landlord to cease retaliatory threats to evict or retaliatory eviction

State:
Indiana
City:
Indianapolis
Control #:
IN-1063LT
Format:
Word; 
Rich Text
Instant download

Description

This is a sample letter from a Tenant to the Landlord. This letter serves as Notice to the Landlord that he/she must withdraw the retaliatory threats to evict or face legal action.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] Subject: Notice to Cease Retaliatory Threats to Evict or Retaliatory Eviction Dear [Landlord's Name], I hope this letter finds you well. I am writing as a tenant residing at [your address] in Indianapolis, Indiana, to formally notify you that your recent actions and statements indicate the possibility of retaliatory threats to evict or engage in retaliatory eviction. I urge you to cease these actions immediately, as they are in violation of housing laws safeguarding tenants' rights. In accordance with the Indiana Landlord-Tenant Law, specifically [cite the relevant statute, if applicable], tenants have the right to enjoy their leased premises free from harassment, retaliation, or unjust eviction. Retaliation includes any adverse action taken by a landlord in response to a tenant exercising their legal rights, such as making complaints, requesting repairs, or participating in tenant organizations. I have noticed the following instances that indicate potential retaliatory behavior on your part: 1. [Provide specific details of the incidents, such as date, time, and nature of the threats made or adverse actions taken]. — Example: On [date], you made verbal threats to evict me after I filed a complaint regarding the water leakage issue in the bathroom. Such threats can be construed as retaliation under the law. The above actions, if proven to be retaliatory in nature, are clear violations of the Indiana Landlord-Tenant Law. As a tenant, I have a legal right to be free from such retaliation, and I am prepared to take appropriate legal action to protect my rights if necessary. I kindly request that you immediately cease and desist any further retaliatory threats or actions towards me. This includes, but is not limited to, threats of eviction, rent increases, non-renewal of the lease, or any other retaliatory acts that negatively impact my tenancy. Furthermore, I request that you take proactive steps to rectify any existing issues and ensure that my rights as a tenant are respected. This may include addressing any maintenance or repair concerns promptly and maintaining a healthy, habitable living environment. Please note that retaliatory actions not only violate my rights as a tenant but may also subject you to legal consequences and financial penalties. As a reasonable tenant, I believe in fostering a healthy and cooperative relationship with my landlord, and I trust that you share the same sentiment. I kindly request a written response within [state a reasonable timeframe, such as 10 business days] acknowledging your understanding of the situation, your commitment to cease retaliatory actions, and your plan to ensure a safe, habitable environment for me as your tenant. Should your actions fail to align with tenant rights and housing laws, I may have no choice but to pursue legal remedies available to me to protect my rights, which may include filing a complaint with the appropriate housing authority or seeking legal counsel. Thank you for your prompt attention to this matter. I sincerely hope that we can resolve this issue amicably and continue to maintain a positive tenant-landlord relationship. I look forward to receiving your response. Yours sincerely, [Your Name]

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FAQ

A revenge or retaliatory eviction is when a private landlord takes steps to evict tenants who ask for repairs or complain about bad housing conditions.

California state law (Cal. Civ. Code §§ 1940.35, 1942.5 (2020)) prohibits landlords from retaliating against tenants.

Quit notices served by landlords or tenants must be for valid reasons. Notice must be given NOT less than 30 clear days of the rent due date. If a landlord gives a tenant notice to quit the premises for arrears in rent and the tenant pays before the expiry date of the notice, the notice is no longer valid.

Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave. Harassment can include: stopping services, like electricity. withholding keys, for example there are 2 tenants in a property but the landlord will only give 1 key.

Situations that may be held to affect a tenant's health can include lead paint, mold, unsanitary conditions, improper ventilation, a gas or sewage leak, pest infestations and bacteria causing illness such as Legionnaire's Disease.

Tenants cannot be evicted for making a complaint against the landlord or for anything discriminatory. Under the Fair Housing Act, it's illegal for landlords to discriminate against a prospective tenant based on sex, race, color, national origin, religion, familial status, or disability.

Landlord harassment is illegal in California. California Civil Code Section 1940.2 specifically forbids a landlord to force a tenant out of their home by: Displaying ?forceful, threatening, willful, or menacing conduct? towards you or your guests.

Under most landlord retaliation statutes, a landlord can't evict, harass, or raise the rent of a tenant for doing something legal. A landlord may not like the renter's actions, but they cannot seek revenge. A common retaliation tactic is trying to evict a renter after they complain to a government agency.

Here is an overview of what is not acceptable behavior and what could be considered harassment: Taking away services provided in the lease (such as parking or laundry) Shutting of utilities for the purpose of harassment or eviction. Entering an apartment without proper notice.

What is tenant harassment? Tenant harassment is when a landlord knowingly takes actions that cause harm to a tenant and serve no lawful purpose ? including repeated acts that substantially interfere with the comfort, peace or quiet enjoyment of a tenant's rental unit.

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Indianapolis Indiana Letter from Tenant to Landlord containing Notice to landlord to cease retaliatory threats to evict or retaliatory eviction