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  1. #1
    Join Date
    Dec 2011
    Location
    Northwest Indiana
    Posts
    4

    Exclamation How Much Notice Must My Landlord Give Before Asking Me to Leave the Premise

    My question involves an eviction in the state of: Indiana

    I originally had a 6-month lease at an apartment complex in Indiana. My lease expired over 6-months ago and I have not been asked to renew it. I pay my rent on time every month still no issues. I have been searching for a cheaper apartment recently and in the process of filling out an application at a different complex they contacted my current landlord to confirm tenancy, which they did and gave me a great review. However, being in the loop since my best friend is maintenance here, he told me that this caught the landlord off guard and that my landlord spoke of evicting me since I have no current lease so he could rent to a new tenant with a lease. How long of a notice must my landlord give me before I have to vacate the premise? This new apartment seems to be a go, but I'm just waiting on paperwork to go through to confirm everything. I am concerned because he is scheduled for visit in the next couple of days (as he lives on the east coast) and I have a feeling that he may try to evict me when he is here. I would also like to know if there is a length of notice I must give him before I vacate the premise? In the case that he doesn't issue an eviction.

    My rent is due on the first of each month and considered late if not paid on/or by the fifth of the month. I always pay on the third, when I receive my monthly disability payment. As you can imagine I am on a tight budget and am concerned about the move. I know I will not be able to occupy my new apartment until the rent and security deposit is paid in full and since I cannot pay until the third this poses an issue of timing my move. This being said, if I were not able to vacate my current dwelling until the third or fourth of the month would I be responsible for paying rent for that particular month in which I am there for a few days only? Or, of greater concern would my landlord have just cause to retain my security deposit since it is equal to one months rent?

    Thank you in advance,
    Big Pipe

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: How Much Notice Must My Landlord Give Before Asking Me to Leave the Premise

    This is likely now a month to month lease ... so either party can give 1 month notice to break the lease. 1 day over & you owe for an entire month..so he could keep your deposit for just that reason

  3. #3
    Join Date
    Dec 2011
    Location
    Northwest Indiana
    Posts
    4

    Default Re: How Much Notice Must My Landlord Give Before Asking Me to Leave the Premise

    Thank you for such a quick response! I really appreciate the advice

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,011

    Default Re: How Much Notice Must My Landlord Give Before Asking Me to Leave the Premise

    In the state of Indiana, your landlord cannot file for eviction until you're 10 days late with your rent. (Indiana Code 32-7-1-5) So he can't evict you simply for looking at another place.

    In the case of a tenancy at will - which is what you have - your landlord must give you thirty days notice prior to the beginning of the next rental period. This means that if he wants you out by February 1st, he has to inform you in writing no later than January 1st. Similarly, if you intend to be out by Feb. 1, you need to inform him in writing by Jan. 1. (Indiana Code 32-7-1-1)
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  5. #5
    Join Date
    Dec 2011
    Location
    Northwest Indiana
    Posts
    4

    Default Re: How Much Notice Must My Landlord Give Before Asking Me to Leave the Premise

    Thank you for the advice!

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,114

    Default Re: How Much Notice Must My Landlord Give Before Asking Me to Leave the Premise

    IC 32-7-1-1 has been replaced by IC 32-31-1-1.
    Quote Quoting IC 32-31-1-1. Determination of estates at will
    (a) A tenancy at will may be determined by a one (1) month notice in writing, delivered to the tenant.

    (b) A tenancy at will cannot arise or be created without an express contract.
    Although there may be something to the contrary in another statute or case law, the plain language of that statute requires one month's notice, not a full rental period's notice, such that the notice period would appear to end one month after it is given.

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