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  1. #1

    Unhappy Is a Notice That Your Rent is Late the Same as Notice to Vacate

    My question involves landlord-tenant law in the State of: Indiana

    Hello, I have a question about the eviction process. I live in a rental townhouse in Indianapolis, Indiana owned by a corporation (Stallard and Associates). The rent is due on the first of every month, with a grace period until 4:30pm on the 3rd. This month I was late on my rent. I received an e-mail on June 4th stating my current balance and asking me to pay it. This notice did not make ANY mention of eviction or a date to pay by before the eviction process would start. In a past month when I was late as well, I received an e-mail stating to pay by a certain date and time or they would file the eviction. I was paid on Monday the 8th and was planning on paying my rent with late fees in full. However, at 11am on Monday, the 8th, I received an e-mail stating my account was in eviction status, told me the date of the eviction court date, and stated they had added on attorney and court fees for the eviction process.

    Everything I have read about Indiana Eviction seems to imply they have to give a 10 day notice to pay or quit before filing for eviction. This e-mail isn't an actual eviction notice, technically, just stating they are... But it doesn't feel legal. My rent was less than 7 days late and no notice was given before they added on nearly $250 in fees. Is this legal?

  2. #2
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    Default Re: Is a Notice That Your Rent is Late the Same as Notice to Vacate

    No, the email notice is not a notice to vacate. You can check with the court to see if, in fact, an eviction case was filed.

  3. #3
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    Default Re: Is a Notice That Your Rent is Late the Same as Notice to Vacate

    Quote Quoting confusedtenant
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    Everything I have read about Indiana Eviction seems to imply they have to give a 10 day notice to pay or quit before filing for eviction. This e-mail isn't an actual eviction notice, technically, just stating they are... But it doesn't feel legal. My rent was less than 7 days late and no notice was given before they added on nearly $250 in fees. Is this legal?
    There's no "imply" about it. The 10 day notice and the form of notice are statutory:

    IC 32-31-1-6 Rent; refusal or neglect to pay

    6. If a tenant refuses or neglects to pay rent when due, a landlord may terminate the lease with not less than ten (10) days notice to the tenant unless (1) the parties otherwise agreed; or (2) the tenant pays the rent in full before the notice period expires.

    IC 32-31-1-7 Forms; notice to quit; failure or refusal to pay rent

    7. The following form of notice may be used when a tenant fails or refuses to pay rent:

    (insert date here)To (insert name of tenant here):You are notified to vacate the following property not more than ten (10) days after you receive this notice unless you pay the rent due on the property within ten (10) days: (insert description of property here).(insert name of landlord here)


    I don't know where they are getting the $250 from but if it's not specified in your lease they are not entitled to it.

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