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60 days before move out clause

Discussion in 'Moving In & Out, Movers' started by jivewhiteboy, Oct 3, 2017.

  1. jivewhiteboy

    jivewhiteboy Law Topic Starter New Member

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    Jurisdiction:
    Indiana
    I have lived in a house for 3 yrs. It's a 3 bedroom but we all have individual leases. I signed a 1 yr contract when I first moved in, but have been living month to month for the last 2 years. I never signed anything to do this. It was just an agreement of trust since I was a reliable person. Now that I want to move out my landlord wants to enforce a 60 day notice clause he had in the bylines of the original contract so he can have control over the situation. He'd be willing to let me go earlier if he found someone to replace me sooner, but wont' give me any guarenteed date other than the date that is 60 days out. Am I legally required to follow this byline if I'm living month to month with no signed agreement other than the original contract? Thank you.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    You need to read the original lease and look for anything that says what happens after the lease runs out and you go month to month. Some leases provide that the month to month arrangement continues under the same terms as the expiring lease. If your lease had the 60 day notice provision and that kind of continuation clause then, yes, you are bound by it because that's what you agreed to by signing the original lease.

    Read the lease and come back and tell us what it says. Quote it word for word.
     
  3. army judge

    army judge Super Moderator

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    Sounds to me, if there is a lease, it's under the state statutes, as in tenancy at will, month to month.



    Notice Requirements for Indiana Landlords

    In most situations your landlord does not need to give you a reason, although acting on a discriminatory motive is illegal. A landlord can simply give you a written notice to move, allowing you one month as required by Indiana law and specifying the date on which your tenancy will end.

    Your landlord may legally provide less notice if you have not paid rent, if you have violated other terms of your lease or rental agreement (for example, bringing in an unauthorized tenant), or if you have violated basic responsibilities imposed by law (such as by dealing drugs on the rental property).



    Notice Requirements for Indiana Tenants

    It is equally easy for tenants in Indiana to get out of a month-to-month rental agreement. You must provide the same amount of notice (one month) as the landlord (unless your rental agreement provides for a shorter amount of notice). Be sure to check your rental agreement which may require that your notice to end the tenancy be given on the first of the month or on another specific date.

    In some situations, you may be able to move out with less (or no) notice—for example, if your landlord seriously violates the rental agreement or fails to fulfill legal responsibilities affecting your health or safety.







    THE MONTH TO MONTH TENANCY, tenancy at will, Indiana :


    Indiana Notice Requirements to Terminate a Month-to-Month Tenancy
     
  4. zddoodah

    zddoodah Well-Known Member

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    I think all you're saying here is that, once the initial one-year term expired, you never signed a new lease to memorialize the month-to-month arrangement. Right?

    I don't know. I'd have to read the document you signed. Most residential leases contain provisions along the following lines: "The initial term of this lease shall be from MM/DD/YYYY until MM/DD/YYYY+1. Upon the expiration of the initial term, if no new lease is entered into, then Tenant's tenancy will convert to a month-to-month tenancy subject to all of the otherwise applicable terms of this lease."

    Read your lease. Does it have a provision along the lines of the above and does it say anything about 60 days notice to terminate the tenancy?
     

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