Evicting a tenant in Indiana

[spirus]

What is the name of your state (only U.S. law)? Indiana

I have a tenant who pays his rent late every month. It is anywhere from five to fourteen days late every month. I could use some clairification on the eviction laws in Indiana. He is current on his rent at the present, even though he owes late fees. I sent him a certified letter a few days ago informing him to pay the rent and late fees for August, within ten days or I would start eviction procedures against him. The rent check(minus the late fees) and my letter crossed in the mail. I really just need to know if I have legal grounds to evict, and where do I begin? Thank you.

 

[MIRAKALES]

Tenants often challenge late fees by non-payment or ignoring the lease agreement terms for late fees and late rent payments. The fact is that the tenant knows the rent payments were late and that late fees were owed, but chose not to pay the late fees. In an effort to enforce past due charges and late fee terms, PMs and LLs deduct the past due charges from the paid rent. This is perfectly legal. This also gives PMs and LLs the grounds to begin non-payment proceedings, hence the Notice to Pay Rent or Quit. PMs and LLs can also take legal action for the late payment charges, but eviction for late payment charge will be more difficult in court. This is the purpose of the practice.

Issue a Notice of Violation regarding the late payment of rent and itemize each month of late penalty fees. Request payment with ten (10) days which is the amount of time allow in the State of Indiana to cure a default. Advise that the late charges will be deducted from the next month’s rent. With the next month’s rent, deduct the late fees and issue a Notice of Rent Deficiency to pay the rent and acknowledge the late payment charges as being satisfied. If the rent is not paid within the time specified as being late issue the Notice to Pay Rent or Quit and begin eviction proceedings.

The Notice to Pay Rent or Quit should be issued when the monthly rent is late or remains unpaid for ten (10) days in the State of Indiana. Begin eviction proceedings if payment is not received within the deadline.