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We have a house that we have rented out. As of 2/1/18 the…

We have a house...

We have a house that we have rented out. As of 2/1/18 the lease was up. We have been asking a new lease to be sign with nothing. Then March 7th renter fall on outside steps. Nothing said of the stairs had gotten bad. There was very little winter salt damage to the stairs 1 year when they moved in. With the last agreement my husband paid the utilities and they paid them bad. We don't want to do that again this year. We don't want to be responsible for injuries of the tenants when they don't report safety concerns. 1st question how much notice do we have to give prior to turning out utilities since lease isn't sign 2. can we just give them 30 notice to move without court since there is no lease? City Richmond IN Kim and John Pugh

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

RICHMOND IN

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

There is no lease signed as of 2/1 we can't agree on the new one. Nothing that we know about. They haven't reported anything except the step after he fell

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

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Answered in 1 minute by:
3/18/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,500
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Did you accept the rent on 3/1?

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thanks

Barrister

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Customer reply replied 3 months ago
No he still haven't paid it. Says he has it buy we can't meet up with him to get it.

Ok, this is the 18th... and rent is due on the 1st... and the tenant didn't just mail it to you or drop it off?

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If that is the case you can give them a written 10 day notice to pay or vacate. If they don't pay, then you can file a formal eviction case in the local court to get a judgment and a writ that the sheriff will execute to force them to leave.

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But you can't turn off utilities or that is an unlawful eviction and could get you sued for damages...and they would win..

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And yes, you can give them a written 30 day notice to vacate at the same time you give them a 10 day notice to pay or vacate as both can be in effect at the same time... you can just file to evict them 20 days sooner if they don't pay the rent..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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Customer reply replied 3 months ago
Since there is no lease can't we just give then 30 days notice and not have to go through the court eviction process.

You can give a 30 day notice at any time... but you don't just get to throw them out in 30 days if they won't leave... That is what I am saying... you have to go to court in a formal eviction case if they won't leave and won't pay rent..

.

So yes, you can give them a 30 day notice....and if they move out great.. but if not, then you have to file in court to get a judge to order the sheriff to throw them out.

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Customer reply replied 3 months ago
I have the eviction papers already should I started that process now or wait until they don't move. It takes a long time to get into our courts.

If they were under a fixed term lease that expired over a month ago, and you let them continue to stay without filing to evict in Feb, then they are now legally month to month tenants and you can do the same two things I have been telling you...

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1. give them a 10 day notice to pay or vacate and 2. give them a 30 day notice to vacate.... then whichever one expires first, you can file the eviction case in the court..

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I really can't explain it in any simpler fashion...

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thanks

Barrister

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Customer reply replied 3 months ago
I want to thank you for the information. It has been helpful. We will do these 10 and 30 day notices.

You are very welcome. Happy to help any time. And if they don't pay the rent in the 10 days (start counting the 10 days after you give them the notice) you can file to evict on day 12. If they do pay the rent, then you can still file to evict them after the 30 day notice expires..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

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Thanks much

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,500
Experience: Attorney over 17 years, landlord 26 years
Verified
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