If I have been given a 1 week notice to move by my landlord, is this legal?

We had a year lease and when that was up we entered a month to month arrangement. I am one month behind in the rent and my landord gave me a written notice stating that If i didn’t come up with it he would be taking back possession of the property in one week.

Asked on July 7, 2012 under Real Estate Law, Indiana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Indiana law requires that the landlord give you a ten day notice prior to proceeding with eviction for non-payment of rent.  If you pay the rent during that required notice period, the landlord won't be able to pursue eviction.  You have a defense to the one week deadline before eviction since the landlord did not give you the requisite ten day notice.

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