Welcome. Thank you for your question. I am the Attorney that will be assisting you. Kindly allow me a moment to review your question and respond.
Welcome. Thank you for the opportunity to assist you today. My name is ***** ***** I have been practicing law for well over thirty years. I’m sorry to hear that you are having legal troubles. I know that can be frustrating.
Just so you are aware, JA is just a legal information site. We do not provide representation and no attorney-client relationship is formed.
I will provide answers to assist you in reaching a resolution as quickly as possible.
Do you have a written, fixed term lease?
Customer
I do not have legal troubles. I am wanting to be proactive in learning what if any rights I have for a longer duration of time before having to be evicted
Customer
In the beginning of renting here 16 years ago, I had a year to year lease. After the 3rd year, the lease was no longer sent... so I understand I have legally been on a month to month lease.
Customer
Never missed paying rent on time for 16 years.
Customer
Landlord needs/wants me out as soon as possible because she has a buyer paying $220,000 in cash who wants to move their parents in the home/property in 30 days.
Customer
I applied for a mortgage loan and heard yesterday the results of mortgage loan application.
Customer
are you with me so far?
In the absence of a written lease, the landlord is required to give a written 30-day notice to quit. If you do not leave by the end of the 30 days, the landlord must file an eviction in Court to remove you.
Customer
I answered you on website
Customer
Can you reply online
Customer
I never received a written notice.
Customer
She is just pushing me to leave as soon as possible.
Did you see this:
In the absence of a written lease, the landlord is required to give a written 30-day notice to quit. If you do not leave by the end of the 30 days, the landlord must file an eviction in Court to remove you.
Customer
how long does it take for an eviction notice to be received in court of law... can this process buy me more time?
Customer
She has not answered if I should send rent for July 1st
Customer
I told her if I send rent for July 1, that will keep me here until August 1
Customer
I asked her if I can live on my security deposit for July till August
Don't know what you mean by "received in court of law.". A Eviction petition is "received" when filed by the landlord.
Customer
What does the written notice need to state? What information needs to appear on a written notice?
Customer
Doesnt she need to tell me in a written notice when my last day is to remain here?
Customer
Time from the filing of eviction notice to time in court to process eviction in court
Once again:
In the absence of a written lease, the landlord is required to give a written 30-day notice to quit.
I am a real live human lawyer.
The eviction can not be filed in Court util the 30 days has passed and the tenant has not moved out.
How long it will take in Court will depend upon whether the tenant contests the eviction and how busy the Court docket is.
Customer
what information needs to be included by landlord on the 30 day notice?
Customer
Can you tell me what costs I will incur as a result of contesting the eviction ?
Q. what information needs to be included by landlord on the 30 day notice?
A. The property address, the name s of the landlord and tenant, and the date to vacate.
Q. Can you tell me what costs I will incur as a result of contesting the eviction ?
A. If you lose, you will be liable for any missed rent, Landlord's Court costs and possibly landlord's legal fees.
Do you have additional questions? I’m here to help.
Customer
In your opinion, if my landlord has not directly given me written notice with the information you share above and instead has implied that she has a buyer wanting to close in 30 days and is just pressuring me with have I found somewhere to live yet... then it is in my best interest not to be direct with her asking her to stop being vague and to tell me if I have officially been given notice to vacate within 30 days.
Customer
I have said to her in text if I send the rent check due July 1st...that will mean I am officially here until August 1st... she does not reply whether she expects me to pay July rent which is due on July 1st or not?
Customer
Should I send her the rent check for July and if she cashes it, assume I am here renting until August 1st -- and if she does not cash my rent check, assume I have been given 30 day notice?
Customer
I appreciate your advice.
You certainly may ask her that (and possibly remind her that the law requires such a notice), but why do that?
The longer she delays in sending the REQUIRED notice, the longer you will get to live there.
Send the rent. if she accepts it, you are good. if she doesn't you are also good since you have not been served. There is no "assumption" of service.
For record keeping in the event of a Court proceeding, send the rent by Certified Mail.
Customer
Thank you so much!!!
Thank you for giving me the opportunity to assist you.
Based upon the information you provided I have given my best reasoned answer in accordance with applicable law and practice. If any part of my response is unclear, please let me know.
Please feel free to ask more questions and I will be happy to continue to assist you.
Best wishes for a successful outcome.
Thank you for using JA! We appreciate the opportunity to help you. If you have future matters, please request "Attorney Bruce" by clicking here:
https://www.justanswer.com/law/expert-attorneybruce/?rpt=3800
STAY SAFE
Customer
Is there any remaining COVID tenant rights that may apply to my situation? I thought I read that the moratorium related to COVID is only through June 30 in the state of Indiana.
The CDC eviction moratorium expires on June 30.
Regardless it only provided protections for tenants that could not pay the rent due to Covid related income losses. That does not appear to apply to you.
Happy to be of assistance.
Customer
In the property for sale listing... the ad states tenant will be out within 60 days of the contract date. My landlord mentioned in Text message that she has a contract with prospective buyer and that buyer wants to pay in cash and close in 30 days. This communication from my landlord is not the same as a 30 day notice communication is it? Can the above message from landlord be legally interpreted as her officially serving me a 30 day notice from the date of that message?
No it can not.
THE NOTICE MUST BE IN WRITING. A TEXT DOES NOT SATISFY THE LAW.
Customer
39;In Writing' means a letter sent via snail mail?
NO.
It must be hand delivered or affixed to your door.
Customer
When you advise I send July rent due July 1st check via Certified Mail, do you mean signature required to prove she received it?
Customer
OK.... you are a rockstar of support, thank you.
Customer
If she does not want to sign and receive/cash the check and because I sent it Certified requiring a signature... I assume she will at that time understand I am in need of a 30 day written notice officially and legally -- but at least I will know at that point what her position is instead of the vagueness of her communication as it stands now... agree?
Nothing should ever be assumed.
Customer
I do not want to intimidate or be out of right relationship with her, I just need time to move and believe I am due a little more time
If she fails to act properly you will get the extra time.
Customer
Assumption makes an ass out of me :)
Customer
OK... I believe I have what I need for now. All good things for your productive day.
Customer
My landlord asked me if I received word back from my mortgage loan officer regarding the processing of my mortgage loan application. I answered 'Yes.' Then she asked me 'how much money the loan is for;' I have not replied. Do you think it is in my best interest to not answer her inquiry?
Have you entered into a contract to purchase the property from the landlord?
Customer
Does it affect me one way or the other if I answer her questions related to information related to action I am taking to move and information such as the above on loan approval and how much the loan amount is I have been approved for? Can this information shared with her or not affect anything legally on her behalf against me?
Have you entered into a contract to purchase the property from the landlord?
Customer
No, not to purchase her property but to find a place to call home for me and my four collie dogs as soon as possible because my time here is complete.
Customer
She texts me with messages 'did you find a place yet?'
You have no legal obligation to give her ANY INFORMATION regarding your purchase of property.
Customer
Did you hear back from your mortgage loan officer? How much money is your loan for?
You have no legal obligation to give her ANY INFORMATION regarding your purchase of property.
Customer
She is needing to know I am making progress in getting out of here as soon as possible.
Customer
OK... so I will just use my best judgment in being congenial with her but not feeling I owe her any reply to questions I do not feel like answering.
Customer
Which I understand to be true but just wondered if you thought it best not to go out of my way to provide her with information related to what I am and am not doing to get the hell out of dodge faster than the speed of light and sound combined.
Customer
OK.... I will let you get about the business of helping Others now.
Give her as little information as possible about your personal affairs.
Customer
OK... thanks again.
Best wishes for a successful outcome.
Customer
Hello, are you around to ask a question?
I am out of the office traveling and can only answer intermittently.
Post your question and I will answer when I am able .. generally late at night.
Customer
My landlord delivered to door the 30 day Written Notice to vacate property by June 25. I believe it is in my best interest to send now the rent check due on July 1st for the month of July. I am working with realtors and have now a mortgage loan preapproved... doing my best to get out of dodge ASAP. Do you think remaining here past the July 25th date and forcing my landlord to file in court an Eviction notice ... would it be that once a court date has been given to appear in court with the Intention of asking Judge for another month to live on my security deposit or pay landlord for an additional month due to my taking every action to get out of here ASAP but 30 days is not enough to find a place to live for four dogs and myself when it comes to purchasing property to move into etc. Do you think if I need additional time, I would have a fighting chance in the court of law appealing to Judge to grant me a hardship stay of another 30 days? Indiana is a landlord pro state from what I read... but my thinking is after 16 yrs of paying rent on time never late, that a Judge may supporting me in granting a little more time to move? It is worth a shot to go this route of making my landlord file to Evict and my showing up in court to ask for more time? Do you know if this is a pipedream to be granted additional time when my landlord has a month to month lease and needs fast cash selling this place and a prospective buyer waiting to move in here.... do you think it is a valid decision on my part to fight in court for more time? Do you think it is not unheard of to be granted additional time in a situation such as mine? Thank you for your reply.
Customer
If you were me, would you hire a landlord tenant lawyer to consult with and perhaps represent me in the Eviction proceedings in court?
1. It is impossible to know if you will be granted additional time and for how long. It is not unheard of. The Judge has total discretion. After 16 years, though, you present a good reason.
2. You WILL NOT be allowed to use your security deposit as rent.
3. Whether to hire a lawyer is a personal decision only you can make, not a legal one.