What Happens If I'm a Landlord With Problem Tenants and Want to Sell in Indiana?
Being a landlord with problem tenants β non-payment, property damage, lease violations, or simply tenants who refuse to leave β is one of the most stressful situations in real estate. If you want to sell the property, you have options even with difficult tenants in place. This page explains Indiana landlord-tenant law, the eviction process, and how to sell a rental property with tenants.
Call (317) 495-3440 β Free ConsultationIndiana Landlord-Tenant Law: Your Rights
Indiana's landlord-tenant law (IC 32-31) governs the relationship between landlords and tenants. As a landlord, you have the right to receive rent on time, have the property maintained in a reasonable condition, and regain possession of the property when the lease ends or is terminated for cause. Tenants have the right to quiet enjoyment, habitable conditions, and proper notice before entry. Understanding your rights under Indiana law is the first step toward resolving a problem tenant situation.
The Indiana Eviction Process
To evict a tenant in Indiana, you must follow the statutory process under IC 32-31-1. First, serve the appropriate notice: a 10-day notice to pay rent or vacate for non-payment, or a 30-day notice to vacate for lease violations or end of tenancy. If the tenant does not comply, file an eviction complaint (small claims or civil court). Attend the hearing β the court will issue a judgment for possession if you prevail. If the tenant does not vacate, request a writ of possession from the court. The sheriff enforces the writ. The entire process typically takes 30β60 days.
Selling With Tenants in Place: Your Options
You have two main options when selling a rental property with tenants: (1) Sell with tenants in place β a cash buyer who specializes in rental properties can purchase the property with the existing tenants, assuming the landlord-tenant relationship at closing; (2) Evict first, then sell β complete the eviction process before listing the property. Selling with tenants in place is faster and avoids the cost and time of eviction. Cash buyers who purchase rentals typically discount the price to account for the tenant situation.
Cash for Keys: A Faster Alternative to Eviction
Cash for keys is an agreement where you pay the tenant a sum of money in exchange for voluntarily vacating the property by a specific date. This is often faster and less expensive than a formal eviction. The amount varies but is typically $500β$2,000 depending on the situation. The tenant signs a written agreement to vacate and leave the property in good condition. Cash for keys avoids the court process and the uncertainty of an eviction hearing.
Selling to Bartolini Cash Buyers With Problem Tenants
Bartolini Cash Buyers regularly evaluates rental properties with problem tenants. Vince B. personally assesses the tenant situation, makes a cash offer reflecting the property's as-is condition and tenant circumstances, and can close quickly. Bartolini Cash Buyers makes offers on properties with tenants in place β you do not need to complete the eviction before selling. This is often the fastest way to exit a difficult landlord situation and move on.
Indiana Legal References
The following Indiana statutes are referenced on this page. Links go directly to the Indiana General Assembly website.
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