876 Ind. Admin. Code 2-8-8

Current through September 4, 2024

Section 876 IAC 2-8-8 - Landlord and tenant

Authority: IC 25-34.1-2-5

Affected: IC 25-34.1-5

Sec. 8.

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

(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 (8) is Level 2. 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) Residential eviction remedies.

(8) 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 (characteristics of each):

(1) Estates for years.

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

(3) Estates at will.

(4) Estates at sufferance.

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

(1) The following types of leases (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) The following lease provisions:

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

(B) Other common provisions (relating to matters listed as follows 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/right of first refusal.

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

(viii) Termination.

(C) Landlord's implied covenant of quiet enjoyment.

(4) Application of leases.

(5) Recordation of leases.

(6) Effect of lease upon sale of property.

876 IAC 2-8-8

Indiana Real Estate Commission; 876 IAC 2-8-8; filed Dec 1, 1989, 5:00 p.m.: 13 IR 643; readopted filed Jun 29, 2001, 9:56 a.m.: 24 IR 3824; readopted filed Jul 19, 2007, 12:57 p.m.: 20070808-IR-876070067RFA; readopted filed November 25, 2013, 9:21 a.m.: 20131225-IR-876130283RFA