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  1. #1
    Join Date
    Sep 2013
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    2

    Exclamation Accepting Partial Payment of Rent After Giving an Eviction Notice

    My question involves an eviction in the state of: Indiana (Hendricks County)

    My landlord served with a notice to quit on 8/20 with a due date of 8/25. I called the same day I found the notice on my sidewalk, and made an arrangement to pay over half of what I owed on 8/24. Well, I made the payment by money order (like always). I called and verified that the money order was in fact cashed on 8/28. I did not hear anything from either of my land lords until a few days later when one of them posted a court document on my front door saying we were being sued. There was no case number, no court date, nothing of any sort. I called the court house and they had no record of it what so ever. I've been being harassed by text for a couple weeks now with him telling me to get out. Earlier today I found another document once again laying on the sidewalk that was a real document this time. He finally legally filed for the eviction.

    My question is, with me making arrangements prior to all of this and them accepting my payment and cashing it, are they required to send me a new notice with the current amount I owe before the eviction process can continue? In other words, I'm asking if the fact that they accepted my partial payment make the eviction notice void?

    I'm not sure if it matters how these letters have been delivered or not, but none were hand delivered or even mailed. I've always found them laying outside on the ground minus the one that was taped to my door.

    (The notice to quit also had no date on which he would file for eviction if the problem wasn't fixed. Not sure if that matters either)

    *The court document I found first has different amounts on it compared to the REAL legal document I found.

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Accepting Partial Payment of Rent After Giving an Eviction Notice

    You can raise partial payment as a defense in the eviction action, and ask the court to find that acceptance of the payment constituted a waiver of the breach or your entry into a payment plan, and that new notice was required before the landlord could proceed with an eviction case. The detailed facts may affect how the judge treats the payment.
    Quote Quoting IC 32-31-1-9 Service of notices
    (a) Notice required under sections 1 through 7 of this chapter may be served on the tenant.

    (b) If the tenant cannot be found, notice may be served on a person residing at the premises. The person serving the notice must explain the contents of the notice to the person being served.

    (c) If a person described in subsection (b) is not found on the premises, notice may be served by affixing a copy of the notice to a conspicuous part of the premises.

  3. #3
    Join Date
    Sep 2013
    Posts
    2

    Default Re: Accepting Partial Payment of Rent After Giving an Eviction Notice

    Thank you for taking the time to answer this for me.

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