State Specific Question About: INDIANA (IN)

Well, it depends, Christopher. Is your tenant on a yearly Lease (as opposed to a Month to month Agreement? And does your Lease bind you and the tenant to any notice period. (I give 45 days myself). If so, you must give notice for that time period prior to the end of the Lease. Indiana requires only 30 days notice, as I recall. Yes, you may certainly give a 60 day notice, if you like. Just send them a nice letter indicating that you will not be renewing the Lease term, that they need to have vacated in full, leaving the premises clean and undamaged by (fill in date and time), and leaving the key/garage door openers on the counter, and you will process the Security deposit pursuant to state law. You wish them well in their search for a home.

It takes a lessee and a lessor to agree, it is two parties, so it would be hard for one to change the rules in the middle of a game, if the other parties disagreed.

Send them a letter, they may want out quicker...you have nothing to lose.

Tell them you have a new tenant that would like to move in a little early, give them a way out...and keep it in writing...

First, I'd talk to them about their jobs. They might have enough unemployment income to continue.

Get the facts.

They have already paid their last month's rent, so they can stay for that period.

I don't see anything in Indiana law about noth parties agreeing to a change. It looks clear to me that you can alter or end the lease with a notice equal to the interval of payment.

I pasted the law below.

The trouble with "last month" is they say "apply it now" but then stay over.

At StLouis, Jeffrey taught us many ways to get people to move out peacefully and on time.

People without money do not have the means to move. Consider transferring their deposit to a new place.

Something I posted previously:

The 2 real estate attorneys that support our LL assoc both teach that a LL can change an Indiana lease with 30 days written notice - raise rents, end lease, etc. They advise 60 days to avoid any chance of missing the 30 day period (mail delays, "he never told me" arguments...) and to allow the tenant a fair opportunity to make adjustments to comply. They wisely teach to "look reasonable in the eyes of the law."

In Indiana, there is no such thing as a year lease. The lease length is determined by the interval of payment, e.g. pay monthly = MTM.

Copy/paste from state website:

IC 32-31-1-2

Creation of tenancy at will month to month

Sec. 2. A general tenancy in which the premises are occupied by the express or constructive consent of the landlord is considered to be a tenancy from month to month.

IC 32-31-1-4

Notice; determination of tenancy

(b) Notice to the tenant equal to the interval between the periods is sufficient to determine a tenancy described in subsection (a)."

You can find all the statues you want, point is the lease will end Aug 24th.

When you get into court it is up to the Judge to make a decision, and they do not interpret the law the same as you.

I have seen it swing both ways, this is a political world.

“The 2 real estate attorneys that support our LL assoc both teach that a LL can change an Indiana lease with 30 days written notice - raise rents, end lease, etc. They advise 60 days to avoid any chance of missing the 30 day period”

In regard to fixed term lease agreements the above statement would be unique to In law and be in directed conflict with CL, so maybe the above poster could post actual case law to support such a statement since such provision would violated essential consideration requirements within the contract

But then again the same poster has suggested if you did your own repairs in a state where you cannot charge such, to fabricate fake receipts to suggest a third party did the work so I will always take any opinion by them with a grain of salt

Their lease is up August 24th, 2011

This is the statement we are dealing with. Today is June 21, 2011.

In less than 60 days the problem will go away, problem solved , problem eliminated

I try to use common sense, and move on...Have a Attorney who is my best friend, I do not always follow the law, and many times it cost more to follow the law..