Tomorrow is the Sheriff's third 10 day Pay or Quit notice(sigh). His rents are $600 per month and I know I cannot include late fees. Can I, however, add the window he busted this month and request rent AND damages? My Lease does have a Clause giving me the right to require immediate reimbursement for damages caused by tenant or his guests. I think the judge might not allow that, but it is a valid charge and the larger amount would make it harder to pay me in the 10 day period.

If I should not, then when he does pay, I will use the money for Late Fees and damages first and reissue another pay or quit immediately. I also just read in Indiana Codes, 90 days notice is required by Landlord to end Lease at end of year term. However after it rolls over into a month to month Lease, 30 days notice is all. So he gets notice I intend to end his Lease at end of 1 year in July as well, just in case he coughs up the worm again.

However I do it, this guy will hopefully be out of my life in 90 days OR LESS.

So damages plus rent or just rent?

Don't know your state. We can't include late fee or damages in eviction notice.

In my areas when the rent is not paid in a timely manner the lease is broken when the pay/quit period has expired and not been satisfied. Your local court practice will need to be observed to determine if the combined damages and rent can be combined into the prayer amount but chances are you can.

Lana,