If I have given my renter a termination of lease letter but he is not out by the deadline, what is my next step?

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If I have given my renter a termination of lease letter but he is not out by the deadline, what is my next step?

The letter was sent certified mail and posted on the front door of the rental house. He is suppose to be out in 5 days. He has not communicated with me since before the termination letter. Our signed lease states 30 days notice. I gave him 45 days trying to be nice. He has not paid this month’s rent and will not return phone calls or text messages. The house is full of trash; it is in terrible shape. I had to kick through boxes and trash to replace the batteries in the smoke detectors last week. I need to know what my next step is on the16th?

Asked on May 10, 2012 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your tenant has not vacated the rental that you have with him or her within the stated written notice to vacate, your next recourse is to file an unlawful detainer action in the court system and have the summons and complaint served upon the tenant.

Given the complexity of the court system with lawsuits, I recommend that you consult with a landlord tenant attorney to assist you in the filing of the unlawful detainer action.


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