Does anyone utilize the option in ic 32-31-5-6 to specify a different notice to quit timeframe?

IC 32-31-1-6 Rent; refusal or neglect to pay

Sec. 6. If a tenant refuses or neglects to pay rent when due, a landlord may terminate the lease with not less than ten (10) days notice to the tenant unless:

(1) the parties otherwise agreed; or

(2) the tenant pays the rent in full before the notice period expires.

Let me try asking my questing a different way.

IC 32-31-1-6 (1) states the 10 day notice can be modified if the parties otherwise agreed.

My goal is to shorten the timeframe to file for eviction.

Ken, you are correct, In Indiana, we must serve a "notice to quit" for lease violations. This form basically informs the tenant they have a certain number of days to correct the lease violation before the lease is terminated. Once the lease is terminated, we can then file in court. There are certain instances where a notice is not required but that is another topic.

With regards to non-payment of rent, Indiana law states we must serve a 10 day notice to quit. However, section 1 of the law indicates this notice period may be modified if the parties agree to different terms.

Your question is quite clear to me. Unfortunately, I'm in VA and don't know the answer.

It's good you are thinking outside the box.

There is a landlord or 2 from IN who may be along later with some insight.

I'm guessing you want to put "a shorter notice is allowed" and put that into your lease, and I'm betting it won't work.

I think that says the landlord and tenant can agree that the tenant will vacate before the 10 days are up, not that you can both agree to go to court earlier than the 10 days (and agree that before the tenant moves in).

Woodsmoke - Yes, I would like to change the notice period from 10 days to 3 days.

I totally agree with your statement regarding it's not just the law and what it says, it is also what the local judges do about the law.

no matter what the situation and I would think in every state tenants must be given NOTICE TO CURE.

It makes life so much easier then just demanding or threatening them.

For EX. This is you notice to cure the payment of rent being late. Your lease is specific and in order to keep the lease enforce you MUST get back on track with your payments.

This is your official notice to cure. You will have 7 days to comply or we will have no choice but to terminate your lease with us.

You have to tell them WHAT there doing wrong, why its wrong and the CONSEQUENCES. Then follow thru.

MYOB - I definitely agree a notice to cure is necessary, it is just part of good communication between a landlord and tenant.

Unfortunately, there are very rare circumstances where I have encountered a non-paying tenant, regardless of the communication attempts or attempts to provide leniency.

In situations like this, my goal is to gain control of the property as quickly as possible, so I can mitigate damages and re-rent.

What Indiana law states and how a judge interprets it may not be the same. For Delaware County, I give the tenant the "Ten Day Pay or Quit Notice, then file an eviction the same or next day. This is ok with the Clerk's Office in Delaware County.

Eviction hearing takes place about 2 weeks later with Damages hearing about a month later.

David my cure notice is not fo rthe tenant. It's for me when I go before a judge. Could give a darn about them.

We had a poster here that would always say "gotta know your judge". Holds true n this case. I feel there is a way around that 10 day period but I don't want to put it in writing.

As long as the hearing is after the date why would he care? 10 days is 10 days.

My lease states that tenant is in violation if one day late on rent or after any problems.

I used to give 3 day pay or quit papers but haven't done that in years. My lease has it's own time frames built in and the tenant signs the lease. I would think that would negate the ten day wait.

By the time I am ready to file eviction I don't want to wait the extra days. I never have. Unfortunately I had four evictions last year, but I emailed the lawyer, got them served within a day or two and they were out 30 days from when the lawyer filed with the courts.

Zero - thanks for the information, what you are doing is exactly what I want to do.

We have been fortunate to have very few evictions over the years; however, in the event we are faced with a situation, I want to be able to file as quickly as possible.