How much notice is a tenant entitled to regarding having to move out of their rental?

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How much notice is a tenant entitled to regarding having to move out of their rental?

I have lived in a mobile home for 5 years. I have never been late on payment and have fixed the place up (I just painted garage). The owner came to me yesterday and said that his wife wants a divorce and that she wants the trailer. I was told to move out in 2 months. I am disabled with rheumatoid arthritis so it will be very hard to move my thing to another place. Can I tell him that I want at least 6 months or can I stay here without him kicking me out?

Asked on March 11, 2011 under Real Estate Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since you did not mention a formal lease, I will assume that you don't have one.  Accordingly, under the law you are considered to be a "month-to-month tenant".  As such, you can be asked to vacate to the premises upon 30 days written notice. Unfortunately, there is no exception to this time period even for a tenant with a disability.

Note: In IN, a landlord has 45 days to return any security deposit. However, the landlord has the right to deduct for any damages done to the property, as well as any unpaid utility/sewer charges (which they must itemize all and give to the tenant in writing).


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