This is a Notice of Claim for Possession and Rent Due to be used in the Small Claims Court for the State of Indiana. It is used when a Plaintiff demands payment of rent due and possession of the premises.
Indiana Notice of Claim for Possession and Rent Due
Category:
State:
Indiana
Control #:
IN-031-SC
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Word;
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FAQ
C.Indiana law requires landlords to give a 30-day notice before filing an eviction action unless the lease states a different notice period or other circumstances apply as defined by Indiana law. For example, a tenant's use of the unit for criminal activity can reduce the landlord's required notice time.
The landlord can enter without consent, however they must provide you with a proper notice to enter that: Gives the required minimum notice for the state you live in;No notice is required for an emergency to do urgent repairs or if the landlord is concerned about your welfare.
Answer. Tenants have the right to "quiet enjoyment" of their home. Unless there is an emergency, your landlord or their agent must give you at least 24 hours' notice if they intend to visit.Apart from genuine emergencies, landlords cannot enter a tenant's home without their consent unless they have a court order.
Your landlord only needs to give 'reasonable notice' to quit. Usually this means the length of the rental payment period so if you pay rent monthly, you'll get one month's notice. The notice does not have to be in writing.
Usually, 2 months' notice is required unless the tenancy agreement states otherwise. Your landlord may need to give you more than 2 months' notice if you have a contractual periodic tenancy. You should check your contract to ensure that your landlord has given you the correct amount of notice.
They have to give you at least 28 days notice, but this could be longer depending on your agreement. If you don't leave by the time your notice ends, your landlord has to go to court to get a court order to make you leave.
Indiana has one of the most lenient statutes in the country for eviction for nonpayment of rent: A landlord must typically provide 10 days' notice to pay rent or move before they can file to evict. Most other states have a waiting period of 3 to 7 days before filing.
You should check that the notice to quit or notice seeking possession meets the right legal requirements. For example, it might need to contain certain information. If the notice isn't correct, this could stop or delay your landlord from taking further action.
In Indiana, tenants have the right to put rent money towards repairs in the event a landlord hasn't made repairs within a reasonable time. Tenants also have the right to terminate a lease agreement when premises become uninhabitable.