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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Landlord states they mailed notice of no renewal of

Customer Question

Landlord states they mailed notice of no renewal of lease...I never got then went on to file eviction. Lease said notice considered delivered by. Personal delivery or certified mail & it wasn't sent this way
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Indiana
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Rent was paid Aug 5th eviction filed Aug 3. Went to court Aug 15 & case was dismissed. Aug 11 they refiled eviction after issuing a refund check for rent Aug 9
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 10 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 10 months ago.

I am sorry to learn of this situation.

You have already been before the court once on a bad eviction case, you will have to go to court and defend another one now.

Sending you a refund check then trying to evict you a second time is not going to be granted, but you must defend the action (the same way you did before).

This time ask the court to issue an order prohibiting the landlord from attempting to evict you for a period of 6 months as "retaliatory eviction" - this should stop them from attempting to do this again for at least that long as long as you continue to pay your rent on time.

When you pay rent, make sure to send your rent in with a certified USPS (not the one that requires the signature, just the one that sends you confirmation of delivery) envelope and keep copies of your checks and write a quick cover letter (something even one line "enclosed is my rent check for the month of September 2016 in the amount of $100.00").

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