Legal Question in Real Estate Law in Indiana

Eviction Notice Sent to the Wrong House

Well it is improper to not pay rent for 6 months and stay in the tenancy. We do not know whether a verbal notice to quit is good in IN; oral notice to get out is good in GA, if given by the landlord to the tenant. Also, notice can be show by actual notice. In GA, if we can show that you knew of the notice next door, we may prove up good not ice -- not good service of process, which is a different issue. The judges in GA would not give you relief once they heard that you stayed in the tenancy for 6 months based on simply the incorrect advice of the property manager

Technical defect of notice.

In MA, you would probably win a case brought to evict you because of the the technical flaw. What would you win? The right to stay until the landlord serves you a proper notice, files a new lawsuit, waits for the court date, wins judgement for possession (the apartment space itself, i.e., you move!) and then gives you 10 more days ... it amounts to 2 or 3 months more, usually. However, you would also be ordered to pay up back rent plus the rent for the extra couple of months. It may not be worthwhile for the landlord to continue to pursue you for money after you've moved, because you might be hard to find, for example, but it won't help your records -- credit, etc., to take off owing so much.

You had actual notice, since you of course knew which apartment was being discussed. If you were to try to pretend you never got it, there may well be a constable or sheriff or process server who (not wishing to lose his job or license or whatever) may still remember having served it to the correct address or the correct person, no matter what's on it. And the landlord may already be in possession of an affidavit to that effect and the judges will generally believe those affidavits over the tenants' word.

You normally get a right to cure in MA, that is, to pay up your rent and therefore have landlord 'lose' this case for eviction. That may not be what you want.

Your state's laws WILL differ -- these laws are particularly unique to each state. You need local counsel to give you good advice. Call one up and ask him or her basic questions on the phone and see what you can find out. Also or alternatively, try calling up a legal services bureau.