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Remedies and obligations of landlord if default by tenant

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flowergirl46806

Junior Member
What is the name of your state? INDIANA
In regards to the obligation of the landlord to the tenant.If a default by tenant has occurred under the lease and is continuing...
The landlord has the right to re-enter and repossess the premises,the right to give the tenant notice of landlord's termination of lease as a date specified in a the notice.....Must a landlord give such a notice? Is it to protect himself?
Must an atty draw one up or can I write one...what must it contain if so
FLOWER
 


longneck

Member
your post doesn't make much sense. are you asking what is the proper way to evict a tenant for non-payment of rent?

if so, the answer is to serve a pay-or-quit notice. if the tenant does not pay up, then you go to court and get an eviction order. then you schedule a time with the police to have the locks changed.

this is just a very general guideline. different states have different rules. do a google search for indiana landlord tenant law and read your state's statues.

or pay a real estate attorney to handle it for you.
 

flowergirl46806

Junior Member
Landlord's Termination of lease

I live in the state of INDIANA....I am reviewing my lease and came across this .....
A default by tenant has occurred.therefore the landlord has the following remedies and obligations
a) the right to re-enter Premises,all in a lawful manner
b) the right to give tenant notice of Landlord's termination
The tenant has informed me that he wants out of the lease.he has vacated the Premises.Should i still follow through with this notice?
 

longneck

Member
"abandonment" is not "default". you're looking at the wrong part of the lease.

did the tenant notify you in writing? if so, you don't need to do anything else other than re-rent the unit, and keep charging the old tenant rent until the new tenant moves in or the old tenant's lease expires, whichever comes first.
 

flowergirl46806

Junior Member
commercial real estate

Indiana flowergirl again
The tenant closed the restaurant,quit the business due to other legal obligations(supposedly I.R.S.) He is only about 5 months into the lease and has left the building.......without written notice,in our lease it doesn't state that is the protocal.He wants out of lease easy...however August rent is NSF and so is Sept. I'd like to help him but feel that he must fulfill his lease and I am willing to make a notorized promissary note on the remainder of rent due to save cost for him or if he wants go to court...He has a painter,self-employed.
TY
 

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