Start a new topic

non payment of rent

if a tenent has not paid rent in 2 months, and I send him an notice to quit and then pays rent can I still terminate the lease if it's month to month lease

The length of the termination notice depends on whether or not you have a lease with the tenants. If you do have a lease, its provisions for termination would apply. For example, a thirty (30) day notice to vacate would be appropriate only if the lease specifically provided for a thirty (30) day termination notice. If there is not a termination provision in the lease you must wait until the lease expires. If there is no lease, the landlord must give the tenant-at-will a sixty (60) day termination notice.
In order to evict or have your tenants removed from the premises, you must go through the legal system in your local jurisdiction. In order to do this, you usually have to first serve notice. I believe in IN, it is a ten day notice for non-payment. After the notice period elapses, the landlord shall visit the small claims court for the jurisdiction where the property is located. You will fill out to file a Complaint for Eviction. There will be a filing fee. The clerk will then set a court date, which will be delivered to the tenant on what is called a Summons. The sheriff will usually deliver this Summons. The court date will be more than five days from the time the Summons is delivered to the tenant. MAKE SURE THAT YOUR 10 DAY NOTICE IS SERVED PROPERLY!!
You must file with the court for this as it is a dangerous situation.  If everything goes through the court system you will be able to have the police properly remove the tenants from the property.
Also Take pictures and document time and dates of everything...
Thank you all for your help and great advice.
The lease end date should be the date the tenant must move if you're not renewing it. However, I would send tenant a letter notifying tenant that you will not be renewing the lease and that tenant must vacate premises Check you local/state tenant laws. You may be required ti give a reason for not renewing..... You may want to contact a lawyer. They could start paper work to remove tenant. Timing is everything and if not properly done, eviction could take wishes...keep us posted.
Login to post a comment