Can my landlord file for eviction with the courts before notifying me that he wants to evict me?

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Can my landlord file for eviction with the courts before notifying me that he wants to evict me?

Asked on August 15, 2012 under Real Estate Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, he can not.  You landlord must give you notice prior to filing an eviction proceeding.  Why he is filing the action - failure to pay rent, termination of a month to month lease - will determine the type of notice - 3 day, 30 day, etc.  But you need to file an answer and raise the lack of the notice (3 day, 30 day, etc.) as an affirmative defense and ask the corut to dismiss the action.  Good luck.


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