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What reaons are valid to evict a tenant

Customer Question
What reaons are valid to evict a tenant
Submitted: 6 years ago.Category: Real Estate Law
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Answered in 2 minutes by:
9/18/2011
Real Estate Lawyer: Richard, Lawyer replied 6 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55,790
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Good evening. If the tenant has defaulted under the terms of your lease, then you can terminate the lease subject to any notice and cure provisions that might be in your lease. If the tenant is not in default, but beyond the term of the lease, then the tenant is an "at will" tenant...which is treated as a month to month tenancy. You can terminate this tenancy by giving your tenant 30 days written notice on or before the end of any monthly rental period. Then, if the tenant does not leave, you can move to evict him.

 

 

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Customer reply replied 6 years ago

I have a tenant that refuses to pay late and NSF check fees. I received her electronic payment on the 6th and it was due the 1st. According to the lease that after the third day her payment is late. She contends that she made the payment on the 2nd so the payment shouldn't be late.

 

I have received several notices from the Home Owners Association and the town we live in about trash, grass and weeds. I am also receiving letters from some of the utilities stating they are going to turn of the service because of non payment. The rent is paid up to date but I would say over half of the time a goverment agency is paying the rent for her. I am not HUD housing.

 

Can I evict based upon these items?

Real Estate Lawyer: Richard, Lawyer replied 6 years ago
Yes, she is in default and you can terminate the tenancy. To do so, next time she is late with the rent or doesn't perform some other obligation required under the lease (if it's the rent, return it to her) and give her a 10-Day Notice to Quit as required by Indiana law...meaning she must vacate within that period or face formal eviction. Then, if she doesn't leave within that period, you must file a petition for an eviction order. Once that is granted...you can have the sheriff evict her. You may then file a claim against her for all unpaid rent and damages not covered by the security deposit. Once you get your judgment, you can attach her assets, including bank accounts, and garnish her wages, to collect that judgment. Unfortunately, you must go through the formal process and what you cannot legally do is shut off the utilities, change the locks, or avail yourself of any other means of "self-help" eviction.
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Customer reply replied 6 years ago
I want to terminate the tenancy now because she refuses to pay the late fee. So if I am reading this correct I need to serve her with a 10 day notice to quit as my first step right now. I do not have to wait until she is late again with the payment?
Real Estate Lawyer: Richard, Lawyer replied 6 years ago
If she has not paid the late fee, you can issue the 10-day notice now...she is in default.
Richard
Richard, Lawyer
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Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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