Springfield, TN asked in Contracts, Foreclosure and Landlord - Tenant for Indiana

Q: I am renting to own a property in Garrett IN and the tenet has repeatedly been late on making payments & is a month late

they have been repeatedly late on payments and now will not return calls how do I go about evicting and should I have anymore contact with them?

2 Lawyer Answers
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • Landlord Tenant Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: The best advice that can be given in this situation is that you should consult a local Indiana attorney to assist you and ensure that the matter is handled correctly.

In short, if your tenant is not paying his or her rent, you have every right to evict him or her. Indiana Code 32-31-1-6 requires that a 10 day notice to quit premises be served on the tenant or a resident living there. There are numerous exceptions to this however, such as if the tenant is committing waste or the lease says that such a notice does not need to be given.

If you need to evict your tenant, I recommend visiting your local court system's website and looking up the small claims court manual. Many counties put out guides for landlords about how to evict nonpaying tenants. No matter what you do, you will eventually have to go down to the appropriate courthouse, file your lawsuit with the appropriate clerk, pay the filing fee and serve a copy of the complaint on the tenants.

Evicting a nonpaying tenant is a process that many choose to go about on their own without a lawyer. However, the best advice I or any other lawyer can give is to consult a local Indiana attorney to assist you and evaluate your case. All advice given here is based only on the limited facts that are given.

A: There are deadlines and procedures in every state for initiating a landlord-tennant eviction action, including frequently requirements for prior written notice, etc. You should examine and follow the Indiana statutes or consult a real estate attorney in Indiana.

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