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We have lived in our apartment for 1 year. Lease is up this…

We have lived in...

We have lived in our apartment for 1 year. Lease is up this year. However when we moved in we paid a deposit for our pet and thought we paid an additional deposit for apartment. About 4 months later we received notice that the deposit wasnt paid and the office admitted it was their mistake. I have been a few days late on rent but always paid late fees. Today, i received notice that our deposit was unpaid and that we have been late on our rent and they are giving us 45 days to leave. Is there anything we can do to stop the repossion?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Indiana

Lawyer's Assistant: What steps have you taken so far?

None at this point, i was planning on paying the additional deposit tomorrow but they sent out this letter

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

Not at this time

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Answered in 2 minutes by:
3/16/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,279
Experience: 30 years experience representing clients.
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Is there anything in the lease allowing cancellation for multiple late payments?

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Customer reply replied 5 months ago
Not that I am aware of. But, then again the I havent read it in its entirety

Thank you for the additional information.

The periodic late payment of rent or other payments is a breach for which a landlord may terminate and evict, if it is contained in the lease. Otherwise, they need to give you notice and a time to cure, which they apparently did 4 months in to the lease.

However, realize that the landlord can not evict you without going through the legal process. That requires they file a forcible detainer and obtain an order of possession. That will be executed by the sheriff.

Go to see the landlord and try to negotiate a settlement to allow you to stay. It may mean increasing the security or pet deposit.

Otherwise, make yourself familiar with you lease to make sure that they have strictly complied with all notice and other requirements. If they have not then it will prejudice their right to terminate your tenancy and evict you.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, 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 answering your question.

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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,279
Experience: 30 years experience representing clients.
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