If my landlord filed for eviction through the court without giveing me a notice to quit, what are my rights?

I have court next week. Will the judge rule in my favor in court? I have the money owed to her for this month’s rent and the money for next month.

Asked on July 26, 2012 under Real Estate Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this coutnry, a landlord does not have to give a tenant a three day notice to pay or quit when the tenant is behind in rent. The landlord can simply serve a thirty day termination on the tenant and then file an unlawful detainer action against him or her when the tenant fails to timely vacate the rental.

This seems to be the situation with you. I have no idea what the judge will decide as to your matter. I suggest that you try and resolve your dispute informally with your landlord so as to avoid court. Make sure any resolution you have with the landlord is in writing.

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