Indiana Eviction Law?

Question

I am a landlordd in Indiana and want to terminate a month-to-month lease agreement with my tenant. What approach would get her to move the quickest? If i write her a termination letter, how much time do I need to give her to move? Is it necessary to file eviction proceedings in small claims court right off the bat or wait for her to willingly move? Thanks a lot for your help!

Answer 1

You can check the laws in your state, but in PA the first step is giving them a written 30 days notice. If they don't leave you them file in court. A judge will likely give them another 30 days. There is the time from when your 30 days went by and a hearing date was set and they got another 30 days. It's just one of those times as landlords we take a hit.

Answer 2

David!

I think you need to talk to a lawyer and get some good advise before you do anything. I have heard some really hair raising stories about tenants here in Indiana and I don't think I would want to take any possibly bad advise from some one who you don't even know, on this! Good Luck!

Jim B.

Answer 3

.   Before the next periodic rent payment is due (probably Sept 1st) you give her a written notice saying that you are terminating her rental as of Sept 30.  YOu expect her to vacate by midnight on that day.

You can add sweeteners.  If she moves 5 days early, you will refund 15 days rent.  Or if she leaves by Sept 1st, she gets her security and owes you nothing more.

You evict on Oct 1st if she doesn't go.  The sheriff will escort her out apx Oct 25.  Don't shut off her water or electric.

Answer 4

The notice requirement to terminate a month to month agreement is one full rental term. If you give notice anytime between today and August 31st, the tenant will have until September 30th to vacate.

You can offer the tenant cash to move out. If you go this route, you give the tenant nothing until all of her personal possessions are moved out, the place is reasonably clean and she has turned over the keys and possession to you.

I have never and will never go this route. The tenant is required to vacate or be evicted. I will not pay a person to do what is required of them.

You cannot begin an eviction until the termination date has passed.

Answer 5

You need to give her 30 days. If you want her out by Sept. 30, I'd tell her by Aug. 29th.

However, I'm assuming she has not been paying rent? If that's the case, call your local police department (non-emergency line) and ask them. Local laws are sometimes different. In my town in Indiana, I believe you have to give 7 days notice, if they're behind 3 months or more in rent, then they can be kicked out.

You don't have to file immediately. But if you are getting jipped on rent, I'd file soon!