I am wanting to add a waiver of notice for non-payment to my lease.

Here is what AI did for me:

Tenant waives any and all rights to notice of non-payment of rent, and Landlord may immediately commence eviction proceedings without providing any prior notice or demand.

Now my question is can I have a waiver of notice AND a lease clause about late fees?

Typically I do not give a 3 day pay or quit as I have already been talking to the tenant about the issue. I realize that could bind me if pressed.

I have a section on default but it exempts rent and states they have 1 day to remedy or face eviction. I assume that it was in there from the beginning because you have to keep the two issues separate?

Currently I allow tenants to pay late fees but I do not want it to be a habit, which I explain at lease signing. If I have a PITA tenant I just start eviction.

10 day not three day notice for rent in Indiana, thanks Rick.

Will those of you with the waiver of notice care to share the wording, or is it basically what AI suggested?

From what I could look up I found either way about a waiver of notice for non-payment of rent. I will ask my attorney but just because he hasn't dealt with it doesn't mean it can't be done.

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

Whatever you put in you lease, it will never over-ride state or local law. If your state law allows an eviction without a notice and notice period, then you can do it. If your state law dictates what sort of notice and what sort of notice period, then that is the best you are going to do.

Scott, do you take Sec.6(1) as meaning if the parties otherwise agreed because they signed a waiver of notice?

Not seeking legal advice but at least opinions.

Oregon Woodsmoke, I have had good luck with tenants of late. I am merely trying to alleviate the extra wait time should I get stuck with another professional tenant or one who moves in a deadbeat.

In Pa we can waiver all other reasons for notice except for non-payment. I have seen where others have tried to over ride the law with the lease but the DJ typically dismisses and says provide proper notice.

"Scott, do you take Sec.6(1) as meaning if the parties otherwise agreed because they signed a waiver of notice?"

Next door in Grant I know the judge will allow texts to be submitted as evidence. I would assume that he would allow that as well.

IC 32-31-1-8 Notice to quit; when not necessary

Sec. 8. Notice is not required to terminate a lease in the following situations:

(1) The landlord agrees to rent the premises to the tenant for a specified period of time.

(2) The time for the determination of the tenancy is specified in the contract.

(3) A tenant at will commits waste.

(4) The tenant is a tenant at sufferance.

(5) The express terms of the contract require the tenant to pay the rent in advance, and the tenant refuses or neglects to pay the rent in advance.

zero, the first page of my lease requires tenant to "pay rent IN ADVANCE in the amount of $xxx on or before the 1st of each month.".

Sec. 8 part (5) says "The express terms of the contract...". To me, that means the words "in advance" must appear in the lease to take advantage of this waiver.

Not a lawyer. This is just my personal interpretation of Indiana law.

Maybe Brad will see this and weigh-in. He has a better understanding.

zero,

It all boils down to this: Gotta know YOUR judge.

Then realize you might get a new judge or a substitute so CYA.

Caution: AI does not have a law degree nor know you judge.

My lease is clear: (here's what MY atty wrote)

Waiver of Notice: The lease is the notice of all future payment due.

While you are editing, add this which saved my neck in court:

Waiver of Counsel: Resident acknowledges his/her understanding of this document and is signing voluntarily without legal counsel and without coercion.

Me? We send "Your rent autodraft bounced. This is your only notice to pay $_____ within 24 hours to avoid sheriff eviction/lockout" AND THEY DO! Done! No need for Pay or Quits.

BRAD

Scott, thanks for that. Easy enough to add In Advance to my lease.

Brad, Just getting to know the new judge. He follows some of the stuff from the last one, but he is more pro-LL for sure.

Adding that waiver of notice line in my lease for sure, just in case.

I like the idea behind the waiver of counsel. Did you have a deadbeat try and get out of a lease because they didn't understand?

Again I do not have a bad crowd now but you just never know when someone will turn the ugly switch on.

Also, I do not trust AI as of yet. But I thought it might write something a little more eloquent than I could.

zero, I had a $60,000 land contract pulled into court. Her free atty said she did not understand what she was signing. She showed big crocodile tears and suddenly spoke with bad grammar and a drawl.

Jude said "Is this your initials next to the Waiver of Counsel?"

zero, I had a $60,000 land contract pulled into court. Her free atty said she did not understand what she was signing. She showed big crocodile tears and suddenly spoke with bad grammar and a drawl.

Jude said "Is this your initials next to the Waiver of Counsel?"

Well that is the perfect reason to add that line then.

Curios because I know your lease is somewhere around a million pages, do you have them sign or initial all the things you find important?

I added the rules about smoke detectors and have a sig line by it because it should be a separate page. Same with the lead based paperwork, although I just added that entire page to the bottom of my lease.

Do you worry that by them signing and initialing so many things they will say they just ran thru it and didn't read?