State Specific Question About: INDIANA (IN)

My tenants lease is up the end of this month. Last Friday they left a message that they were moving out on Sunday. As I am out of town on vacation, I left them a message to leave the keys on the counter and I'll do a walk though when I get back. They are requesting the August rent be returned to them. I told them no, and should everything be ok in the condo I would forward the security deposit to their new address.

If they actually vacate the premises, then the lease terminates. Whether they have "broken" the lease is a matter for a court to decide.

The question of return of security deposit has nothing to do with the matter of termination. The question of August rent depends on your rental agreement and IN state law.

Technically, under IN law, they have abandoned the rental when they leave. You can then do what you want as they have broken the contract by leaving. They would have to take you to court to get their August rent back.

My personal opinion, tell them that when you get back, you can give them thier money. DO NOT SAY ANYTHING ELSE. Depending on the tenant this may keep them from damaging your property. Deduct for cleaning, repairs, estimated cost of advertising for a new tenant and IF they have left by Friday the 5th, I would charge for 4 days rent from the 1rst to the 4th.

Before you write them the check, make sure they give you the key and if possible have them write on the lease they have left the property. Then write the check minus the deductions above.

I personally do not think it would be worth it to pursue them in court time and money wise for breach of rental contract. Get it ready for the next renter.

Here is the form I would leave on the door. The more checks you have, the more likely you have an abandoned unit.

Abandoned Rental Unit

We made an emergency inspection today. This home/rental unit and the remaining property appear to be abandoned as evidenced by:

_____ Utilities off

_____ move out pile of trash

_____ Non-payment of rent

_____ Non-response to phone calls and late notices

_____ No items of value remaining

_____ No evidence of recent meal prep

_____ Remaining food outdated or moldy

_____ No use able toiletries

_____ No evidence of recent sleeping (sheets, pillows, etc)

_____ Have NOT been seen by neighbors for more than three (3) days

_____ Been seen by neighbors moving personal belongings out

If this is incorrect, call __________ 24 hours/ 7 days a week phone number ________ and leave a message. If we do not hear from you within 24 hours, locks will be changed and all remaining items will be disposed at management’s discretion.

___________________ __________________ _______________

Tim, Glad my form is helping! EVERYONE should use this!

Joanne, August rent depends on what your lease says and what notice they gave.

If the lease ended, they do not owe August.

If your lease requires a 30 days notice (add it TODAY!! Indiana law allows it), then go back to their notice date.

Not sure WHY they paid for August.

I doubt a judge would let you keep August rent if you knew the lease was ending or if you knew they were leaving. Tenants come and go but judges live forever! so keep your reputation with the judge spotless!

Hold deposit until repairs are calcuated, not until completed.

In Missouri that would not have been abandonment as noted in the state statute (partial) listed below. Must be late in rent for 30 days and they paid through Aug 24. you must also have given 10 days notice.

I do know you are not in MO but maybe your statutes give guidance.

Missouri Revised Statutes Chapter 441 Landlord and Tenant Section 441.065

Abandonment of rental premises, when, procedure.

441.065. Any property of a tenant remaining in or at the premises, after the tenant abandons the premises, may be removed or disposed of by the landlord without liability to the tenant for such removal or disposition. The premises shall be deemed abandoned if:

(1) The landlord has a reasonable belief that the tenant has vacated the premises and intends not to return;

(2) The rent is due and has been unpaid for thirty days; and

(3) The landlord posts written notice on the premises and mails to the last known address of the tenant by both first class mail and certified mail, return receipt requested, a notice of the landlord's belief of abandonment. The notice shall include the following, where appropriate: "The rent on this property has been due and unpaid for thirty consecutive days and the landlord believes that you have moved out and abandoned the property. The landlord may declare this property abandoned and remove your possessions from this unit and dispose of them unless you write to the landlord stating that you have not abandoned this unit within ten days of the landlord having both posted this notice on your door and mailing this notice to you. You should mail your statement by regular first class mail and, if you so choose, by certified mail, return receipt requested, to this address . . . . . . . . . . . (here insert landlord's name and street address)"; and

(4) The tenant fails to either pay rent or respond in writing to the landlord's notice within ten days after both the date of the posting and deposit of such notice by either first class mail or certified mail, return receipt requested, stating the tenant's intention not to abandon the premises.