[IN] Can I demand a month-to-month lease agreement from a friend who has not been paying rent for many months?

IN Landlord-Tenant

Richard

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Based on your situation, there are several legal arguments and considerations in Indiana that could potentially support your case. In Indiana, a verbal agreement, like the one you had with your roommate, can be legally binding. (IN Code § 32-31-1-2)

However, proving the terms of a verbal agreement can be challenging without written documentation. Your text messages could serve as evidence of the agreement and your roommate's acknowledgment of the debt.

Indiana law allows landlords to demand rent payment or initiate eviction proceedings if a tenant fails to pay rent. Since your roommate is not paying rent consistently, you may have grounds to issue a written demand for payment or to vacate the premises. ( IN Code § 32-31-1-6)

A month-to-month rental agreement is a common arrangement that provides flexibility for both parties. It can be formalized in writing to ensure clarity and enforceability. (IN Code § 32-31-1-2)

Let me know if you have any questions or clarifications. If not, I'll move forward with guidance.

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I have a roommate that was a friend prior to moving in. At the time that he did, our agreement was a handshake and agreement between friends. He has not been paying rent on a consistent basis. At this time, he owes almost 2 full months rent. To cover my own butt, as I feel he has no intention to pay what is owed, I am asking him to sign a month to month agreement. Is that fair?

Lexi, Chatbot

I understand how challenging it can be to deal with a roommate situation like this. Have you discussed the rent issue with your roommate, and what was their response?

We have discussed it many times. He always promises to pay on a certain date but does not. Even last week, he agreed to pay a portion of his rent on Friday. As of last night, he has not.

Lexi, Chatbot

Do you have any written communication or documentation regarding your original agreement or any subsequent discussions about rent payments?

At this point, most of our communication is thru text message. I have all of those. Along with any time he agrees to pay me and my response when he does not.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're dealing with a situation where your roommate, who was a friend, is not paying rent consistently, and you're considering a month-to-month agreement. Could you tell me more about any written communication or agreements you've had with your roommate regarding the rent? Disclaimer: Just a note - this conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.

Most communication has been through text messages. His promise to pay and his "plan" to pay past due rent and pre-move in loan amount. I repeatedly ask him to explain to me his plan on how to catch up and when.

Richard

Could you let me know which state or jurisdiction you're in? This will help me understand the legal framework that applies to your situation.

Indianapolis, Marion County, Indiana.

Richard

Got it, thanks! Have you considered or attempted any formal steps, like sending a written demand for the unpaid rent, to your roommate?

I have not. Could I make it a written demand stating that he has a certain number of days to pay or move out? If he does pay and wants to stay, have him sign an agreement?

Richard

A month-to-month rental agreement is a common arrangement that provides flexibility for both parties. It can be formalized in writing to ensure clarity and enforceability. (IN Code § 32-31-1-2)

Let me know if you have any questions or clarifications. If not, I'll move forward with guidance.

So, legally, I can serve him with a demand to pay and vacate?

Richard

Yes, you can serve him with a demand to pay or vacate. Here's how you can proceed:

Draft a written demand.
- Write a formal letter to your roommate demanding payment of the overdue rent. Clearly state the amount owed and the deadline for payment. Include any relevant details from your text messages to support your claim.
Include a notice to vacate.
- In the same letter, you can include a notice to vacate if the rent is not paid by the specified deadline. Indiana law typically requires a 10-day notice for non-payment of rent.
Offer a month-to-month agreement.
- If he pays the overdue rent and wants to stay, you can offer him a written month-to-month rental agreement. This will formalize the arrangement and protect both parties moving forward.
Serve the letter properly.
- Make sure to deliver the letter in a way that you can prove he received it, such as through certified mail or personal delivery with a witness.
Consider legal action if necessary.
- If he fails to pay or vacate, you may need to consider legal action, such as filing for eviction. Consulting with a local attorney can help you understand the process and your rights.

Please let me know if you have further questions.

Can I add that if we do need to deal with this legally, he will be responsible for any costs that I have to proceed with this?

Richard

Yes, you can request reimbursement of costs. I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

My concern is that his word means nothing to me. He has taken advantage of my flexibility and friendly gestures to help him out. Thank you, so very much.

Richard

I completely understand your frustration, and it's tough when someone takes advantage of your kindness. You're doing the right thing by taking steps to protect yourself. If you have any more questions or need further assistance, feel free to reach out. You can always come back to our service for help with legal, medical, tech, and more. Take care, and I wish you the best in resolving this situation!

I did think of something else. Since I never seem to be able to catch him at home, can I leave a paper copy taped to his bedroom door? And, send a copy to him via text message so that it will show as being delivered and read by him?

Richard

Yes, you can leave a paper copy taped to his bedroom door as a way to ensure he receives it. Additionally, sending a copy via text message is a good idea, as it provides a digital record of delivery and acknowledgment. Make sure to keep a copy of the notice for your records and note the date and time you delivered it. This will help if you need to prove that he received the notice.

If you have any more questions, feel free to ask!

Thank you!!!

Richard

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