Can alease be terminated without notice if the tenant goes to a nursing home?

UPDATED: Sep 16, 2010

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Can alease be terminated without notice if the tenant goes to a nursing home?

My mother has lived in her apartment for 15 years. She was put in a nursing home in early September. I went to her apartment complex on 09/10 and told them that her stuff would be out by the end of the month. They way I will have to pay her rent until the 10/10 because IN law requires a 30 day notice. She has not signed a lease for years, however the last lease she signed clearly says if a current lease is not on record they revert back to the last one signed. It does say 30 days notice, but does IN really require this for someone placed in a nursing home?

Asked on September 16, 2010 under Real Estate Law, Indiana


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

Answered 12 years ago | Contributor

The month-to-month tenancy requires 30 days written notice in order to terminate the lease.  Sorry to hear about your mother, but unfortunately the reason the tenancy is terminated does not invalidate the requirement of 30 days notice to terminate a month-to-month tenancy.

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