[IN] How do I remove month-to-month tenants who are living in my newly bought rental property?

Lexi, Chatbot

I understand that navigating the rental property process can be challenging. Have you already communicated with the current renters about your intention to have them vacate the property?

Lexi, Chatbot

Are you aware of the specific eviction laws and requirements in your state or locality?

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like.

Have you reviewed the existing lease paperwork to confirm whether the tenants ever received written notice about the month-to-month status or any change in terms?

Legal Eagle

Thanks for sharing that. Since you're in Indiana, it's important to follow state-specific rules for eviction. Could you tell me if there are any specific reasons you want the tenants to vacate, or is it just because of the change in ownership?

Legal Eagle

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

Legal Eagle

No problem! I’ll certainly address that. Anything else you'd like to add you think is relevant before I answer?

Legal Eagle

Ok I've got what you're getting at here! Were there any other facts you'd like to add before I answer your question?

Legal Eagle

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

Legal Eagle

The issue happens because Indiana treats month-to-month tenants as lawful occupants until they get proper written notice, even when ownership changes. A handshake deal does not change their legal status and the prior owners had no duty to start the notice for you. You must give the correct written notice before you can remove them, and an eviction only comes later if they refuse to leave.

That's the short answer.

Here is the long answer:

Indiana requires a 30-day written notice for month-to-month tenants under IN Code § 32-31-1-3. You do not need to claim a reason like renovation, but giving one can help maintain goodwill. You can deliver the notice by hand, mail, or certified mail, but certified mail helps you prove they got it. You cannot file an eviction until the 30-day period runs.

Since their rent is paid through the end of November, a notice given now would give them until the end of December. Here is what you can do, step by step:

1. Prepare a simple 30-day notice to terminate the month-to-month tenancy and list the exact final date you want them to leave.
2. Deliver it by certified mail and also post a copy on the door so you have proof.
3. Keep proof of delivery in case you need to show the court.
4. Wait out the full 30 days since the law requires it before eviction.
5. If they refuse to leave after the deadline, file an eviction through your county court at https://public.courts.in.gov/mycase

Legal Eagle

Does that help clarify things? I want to make sure I didn’t leave anything out.

Legal Eagle

Sure thing!

You have a solid start because you are already thinking ahead and handling the notice the right way. You will want to document everything from day one, keep all communication in writing, and stay strict about deadlines and rent records. You will also protect yourself by learning your local court process so you know exactly what to do if a tenant refuses to leave in the future.

If the tenant stays past the date in your notice, you file an eviction case in your county court for possession. The court schedules a hearing where you show proof of the notice and the missed move-out date. If the judge grants possession, the sheriff handles the physical removal if the tenant still refuses to leave.