Is it legal for my landlord to evict me via text message?

Asked almost 2 years ago - Peru, IN

I have been living in the house for 2 years as of august. I only signed a 1 year lease and my landlord never asked me to renew the previous lease. He has recently sent me a text message telling me that i have to move out. There has been no official eviction notice given to me. Is what he doing legal?

Attorney answers (2)

  1. James Allen Hanson

    Contributor Level 11

    Answered . When a tenant (that's you) stays in a rental property after the expiration of a lease, the status of the relationship between the tenant and the landlord changes. Rather than being governed by a lease term, the term of the rental relationship become a continually renewable period based on when rent is paid. Generally, that period is one month for residential properties.
    in this situation, most states require the landlord to give you official notice of the termination of the rental agreement at least one full rental cycle before you have to vacate. In your case, this would mean that your landlord would have to give you at least 30days notice of termination (provided there is nothing in IN law to the contrary). Whether or not a text message is sufficient to start the clock ticking, I don't know. However, a careful landlord would provide a written notice of the termination and mail it certified with delivery confirmation so that it can be shown to a court later if eviction action becomes necessary.
    The safest bet for you is to contact a local attorney to discuss your specific options. If you don't want to go that route, then you should probably talk to your landlord directly about what the text message means and what your options are with the landlord. You should also start looking for alternative housing arrangements while exploring your options just in case you need to move in a few weeks.

  2. Robert A. Stumpf

    Contributor Level 19

    Answered . I am sure there is an official notice he must give you as well to start the legal process. He must feel that if you know he is going to eventually do that, maybe you'll just leave on your own.

    This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help... more

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