Legal Question in Landlord & Tenant Law in Indiana
I have a fixed-term lease that runs from August 12th 2009 - July 12th 2010. On June 23rd, we notified our landlord that we would not be renewing our lease and that we wanted to discuss the move-out process. He informed us that we needed to give 90 days notice regardless of whether we were breaking our lease early or moving out upon the lease's expiration.
The lease itself says this: "This lease may only be terminated by 90 days written notice from either party." Written in by the landlord is this: "90 day written notice IF lease is broke early must pay 2 months rent after move out."
It is my belief that we are not terminating the lease, the lease is expiring, and that this clause refers only to breaking a lease early.
Additionally, there is a provision stating that if we do not vacate upon the expiration of the lease, a month-to-month lease will be created, which requires a 30 day notice from either party to cancel.
We purchased a house and are already living in it, so there is no chance that we would be converted to a month-to-month. Our landlord wants us to pay through the end of August even though that is beyond the lease's term.
I found this section in the Indiana Code:
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.
(6) The landlord-tenant relationship does not exist.
As added by P.L.2-2002, SEC.16.
It appears to me that this section applies and therefore no notice is required. Our contract specifically lists the term dates. Therefore, shouldn't the lease itself be the notice of intent to vacate?
1 Answer from Attorneys
Arguments can be made in favor of both of you. However, when a document is vague, it is construed against the author. Assuming that the lease was provided by the landlord, you probably have a better argument than he does. It is my opinon that you are not obligated to pay what he is claiming. Be sure to take pictures of the premises so that you can document no damage.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
