PLEASE COMMENT- INDIANA- Non-Renewal of Lease : ezLandlordForms

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NuVo V

started a topic almost 12 years ago

I have a section 8 tenant who had originally agreed to pay a portion of their own rent plus b$40.00 per month for water. The tenant is totally in breach of that agreement and now has a significant unpaid balance that I believe is uncollectable. Today, the housing authority has offered to increase the tenant's voucher amount to include the full amount of their rent PLUS the $40.00 monthly utility cost. Right now the lease term is on an automatic month to month renewal. However, the housing authority has emphasized that the tenant's Annual renewal is date is March.2013. They want me to write an addendum to the existing lease and keep the tenant in place. Regrettably, I have also had multiple other ongoing and repeated difficulties with this tenant that she refuses to remedy despite written notices. She has an unauthorized pet, (illegal Pit Bull) in the unit. She refuses to permanantly remove the pet and/or to remove the pet from the unit for noticed repairs, maintenance or inspections, She has also made personal threats to me (which have been reported to the loval authorities) to harm me personally, to burn down my property and/or to harm herself and sue me for possible insurance liability. Obviously, it is NOT in my personal or corporate best interests to keep this tenant or to renew this lease agreement despite the recent offer from the local Housing Authoritiy. What are the my Landlord rights in INDIANA? Do I legally have to go thru the eviction process, or can I simply choose to not renew the lease to remove this tenant? Is Non-renewal of this lease a potential and advisable option to remove this tenant from my property? I desperately need of accurate ADVISE. Please assist ASAP.

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Dawn A

said almost 12 years ago

If she gets evicted, doesn't she lose her rent assistance voucher? It sounds like whatever you do, you DO NOT want to keep that tenant in there. Have you told the housing authority agent about these things?

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Bob R

said almost 12 years ago

Sorry you had to wait this long for help....Contract violations. The Agency should be able to guide you thru the process as to how to best serve her – that is, serve both Notices at the same time or one at a time. Let the Agency know that you want her out vs just correcting the situation. Make sure you get copies of the Notices and immediately send them to Housing. Also, call the person that’s in charge of tenant’s contract and notify them what you’re doing. This is important. After the time limit expires (in CA it’s 3 days – States differ), you will need to start an eviction. The Agency will do that for you….I’m guessing here, but the service of Notice may cost approx $100. An eviction may cost $1000 min. Check with the agency….My suggestion for using an Agency is the tenant appears to be unbalanced and may do you harm. You may also want to notify the police….. Housing should continue to pay rent until she moves….. If you’re lucky, she’ll just move and if she does, she’ll probably lose her voucher for another place. On the other hand, she may give all kinds of excuses to Housing about what a lousy landlord you are. Put on a smile and let her accusations drift on by. You may be tempted to take a partial rent payment from her. Before you do, check with the agency how that action would affect the Notice to Pay or Quit. Good luck. Keep cool. Keep me posted. . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Unfortunately, it is impossible to give comprehensive real estate/tax advice over the internet, no matter how well researched or written. Therefore, it is up to you to become familiar with Fed/State/Local Tax Laws. Also, if you have real questions, you should consult with an attorney or tax professional……Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2013

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Bob R

said almost 12 years ago

Forget the previous post. ….. Sorry you had to wait this long for help....1st let’s discuss her removal. It appears she’s not willing to co-operate. If you do not renew her lease and send her a Notice that you will not be renting to her again and to vacate, she probably will not move and this will force you to start an eviction. Also, you need to check Housing rules in your State concerning renewing contract…..What I would do is hire an Agency to serve her with 2 Notices. One to Pay or Quit and another to cure Contract violations. The Agency should be able to guide you thru the process as to how to best serve her – that is, serve both Notices at the same time or one at a time. Let the Agency know that you want her out vs just correcting the situation. Make sure you get copies of the Notices and immediately send them to Housing. Also, call the person that’s in charge of tenant’s contract and notify them what you’re doing. This is important. After the time limit expires (in CA it’s 3 days – States differ), you will need to start an eviction. The Agency will do that for you….I’m guessing here, but the service of Notice may cost approx $100. An eviction may cost $1000 min. Check with the agency….My suggestion for using an Agency is the tenant appears to be unbalanced and may do you harm. You may also want to notify the police….. Housing should continue to pay rent until she moves….. If you’re lucky, she’ll just move and if she does, she’ll probably lose her voucher for another place. On the other hand, she may give all kinds of excuses to Housing about what a lousy landlord you are. Put on a smile and let her accusations drift on by. You may be tempted to take a partial rent payment from her. Before you do, check with the agency how that action would affect the Notice to Pay or Quit. Good luck. Keep cool. Keep me posted. . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Unfortunately, it is impossible to give comprehensive real estate/tax advice over the internet, no matter how well researched or written. Therefore, it is up to you to become familiar with Fed/State/Local Tax Laws. Also, if you have real questions, you should consult with an attorney or tax professional……Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2013