876 Ind. Admin. Code 2-12-7

Current through December 25, 2024

Section 876 IAC 2-12-7 - Landlord and tenant

Authority: IC 25-34.1-2-5

Affected: IC 25-34.1-5

Sec. 7.

(a) The competency and instructional level for subdivisions (1) through (2) is Level 2. The following are concepts of relationship of landlord and tenant:

(1) Definitions: landlord (lessor), tenant (lessee), lease.

(2) Privity of estate and privity of contract concepts.

(b) The competency and instructional level for subdivisions (1) through (9) is Level 3. The following are concepts of the Residential Rental Agreements Act:

(1) Obligations of landlord and tenant are mutually dependent.

(2) Landlord's statutory duties.

(3) Relationship of the law of negligence.

(4) Tenant's statutory duties.

(5) Retaliatory eviction doctrine.

(6) Tenant prohibited from unilaterally withholding rent.

(7) Tenant security deposit.

(8) Residential eviction remedies.

(9) Constitutional rights of tenants in public housing.

(c) The competency and instructional level for subdivisions (1) through (4) is Level 2. The following are concepts of nonfreehold estates:

(1) Estates for years.

(2) Estates for period to period (periodic tenancies).

(3) Estates at will.

(4) Estates at sufferance.

(d) The competency and instructional level for subdivisions (1) and (4) through (6) is Level 2. The competency and instructional level for subdivisions (2) through (3) is Level 4. The following are concepts of leases:

(1) Types of leases including the following (uses and characteristics of each):

(A) Fixed rental (flat); gross.

(B) Percentage.

(C) Net.

(D) Graduated.

(E) Index.

(F) Reappraisal.

(G) Ground.

(H) Mineral.

(2) Lease forms and preparation.

(3) Common lease provisions including the following (Use the realtor's residential rental contract form for illustration.):

(A) Essential provisions (basically the same as for any contract).

(B) Other common provisions including the following (relating to matters listed below and similar matters):

(i) Tenant's use of premises.

(ii) Fixtures.

(iii) Repairs (nonresidential property).

(iv) Assignments and subleases.

(v) Renewal.

(vi) Option to purchase and right of first refusal.

(vii) Landlord's right to enter during lease term.

(viii) Termination.

(4) Application of statute of frauds and common law.

(5) Recordation of leases.

(6) Effect of lease upon sale of property.

876 IAC 2-12-7

Indiana Real Estate Commission; 876 IAC 2-12-7; filed Dec 1, 1989, 5:00 p.m.: 13 IR 662; readopted filed Jun 29, 2001, 9:56 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-876070067RFA