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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33507
Experience:  30 years of real estate practice experience.
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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: 10 months ago.
Category: Real Estate Law
Expert:  Loren replied 10 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 10 months ago.
month to month
Expert:  Loren replied 10 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 10 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 10 months ago.

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

Expert:  Loren replied 10 months ago.

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