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Vacating Rental Property Late

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  • 12-07-2007, 05:13 PM
    canngood
    Vacating Rental Property Late
    My sister is renting a home in Indiana (Marion County) and the owners wants her to move out so they can move back in. They did give her a 30 written notice. She is required to leave by December 10th. Unfortunately the new place she is going to rent will not be available until after the deadline. The property owners left a notice in the door stating they are going to charge her ana dditonal $20 per day plus any hotel fees they may incurr. Can the owners legally do that? My sister did not sign anything to agree to these terms. Her lease has expired. Thank you for your help.
  • 12-07-2007, 05:20 PM
    panther10758
    Re: Vacate Rental Property
    Where they can certainly charge rent the Hotel fee I am unsure of. Your sister was given legal warning ot vacate its not owners fault your sister's new place is not availalbe
  • 12-08-2007, 06:42 AM
    aaron
    Re: Vacate Rental Property
    The first thing she needs to do is check her lease, as it may contain a provision about what happens if she stays beyond the end date.

    The landlord should treat your sister as a trespasser and bring an immediate eviction action. If the landlord accepts rent, and there is no lease which automatically renews or the lease so provides, the tenancy continues month-to-month. For a month-to-month tenancy, rent can be increased on one month's notice. For renewal of a lease, there may be a provision in the lease governing rent increases.

    I doubt that the "hotel costs" demand would be enforceable, but I haven't researched Indiana law deeply enough to give you an answer.
  • 12-08-2007, 06:45 AM
    aaron
    Re: Vacate Rental Property
    The first thing she needs to do is check her lease, as it may contain a provision about what happens if she stays beyond the end date.

    The landlord should treat your sister as a trespasser and bring an immediate eviction action. If the landlord accepts rent, and there is no lease which automatically renews or the lease so provides, the tenancy continues month-to-month. For a month-to-month tenancy, rent can be increased on one month's notice. For renewal of a lease, there may be a provision in the lease governing rent increases.

    I doubt that the "hotel costs" demand would be enforceable, but I haven't researched Indiana law deeply enough to give you an answer.
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