How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29014
Experience:  30 years of real estate practice experience.
17897874
Type Your Real Estate Law Question Here...
Loren is online now
A new question is answered every 9 seconds

I am going to sell a property that I have been renting in

Customer Question

I am going to sell a property that I have been renting in Summitville, IN for 14 years. The new buyers want to live in the property rather than rent it. I have asked the current renters to move out in 5 weeks but they say they should have 90 days to move. Do I have a right to evict?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Indiana
JA: Has any paperwork been filed?
Customer: I sent a certified letter to them explaining the situation but the tracking record on it shows they have not gone to post office to pick it up after no one was home to sign for it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The renter has indicated he will leave premises but not that quickly. He wanted to buy it and I have been waiting about 4 years for him to get him finances in shape to get a loan. I have a buyer and don't want to continue waiting on renter to qualify for a loan.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Loren replied 2 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Is there a written lease for a fixed term currently in effect or is the tenancy month to month?

Customer: replied 2 months ago.
month to month
Expert:  Loren replied 2 months ago.

Thank you for the additional information.

In Indiana a month to month tenancy may be terminated by giving one full month's notice. That means that if you give written notice today the lease will terminate Nov 1. If you wait to tomorrow, or any other day in October, then it will not terminate until Dec 1.

They are certainly not entitled legally to 90 days notice.

Expert:  Loren replied 2 months ago.

By the way, if they refuse to leave on the effective date then you will need to file in court to have them evicted by the sheriff. You can not evict them without court process.

Expert:  Loren replied 2 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 2 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

There is no additional charge to you for rating me favorably.

A bonus is not required, but is always appreciated.

Related Real Estate Law Questions