Add damages
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Add damages (by Lana [IN]) Apr 14, 2019 4:10 PM
       Add damages (by elliot [RI]) Apr 14, 2019 5:44 PM
       Add damages (by plenty [MO]) Apr 14, 2019 6:03 PM
       Add damages (by Vee [OH]) Apr 14, 2019 7:19 PM
       Add damages (by Scott [IN]) Apr 15, 2019 10:32 AM
       Add damages (by Lana [IN]) Apr 15, 2019 12:59 PM

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Add damages (by Lana [IN]) Posted on: Apr 14, 2019 4:10 PM
Message:

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?

--216.23.xxx.xx




Add damages (by elliot [RI]) Posted on: Apr 14, 2019 5:44 PM
Message:

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

Your Pay or Quit probably can only include rent.. You can do as you described if he pays.. Rent is different from fees in court's view.. --71.232.xxx.xxx




Add damages (by plenty [MO]) Posted on: Apr 14, 2019 6:03 PM
Message:

I'd put all math in the paper. Let the judge tell me. Surely not going to get what u don't ask for --99.203.xx.xxx




Add damages (by Vee [OH]) Posted on: Apr 14, 2019 7:19 PM
Message:

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.

--76.188.xxx.x




Add damages (by Scott [IN]) Posted on: Apr 15, 2019 10:32 AM
Message:

Lana,

I'm unfamiliar with the 90 day notice requirement to end a Lease at end of year term. Can you cite the Indiana code or other reference please? --107.141.xx.xxx




Add damages (by Lana [IN]) Posted on: Apr 15, 2019 12:59 PM
Message:

IC 32-31-1-3 Says 3 months notice for year to year lease. My lease rolls over into a month to month lease after 1 year term. --216.23.xxx.xx



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