I'm in Mishawaka, Indiana and I was initially on a lease, which expired 2/28/09 so I am now month to month. The lease stipulates that if the lease expires without renewal the terms of the lease still apply in the month to month situation. The lease also stipulates that the tenant shall provide the land lord with a 60 day notice of intent to vacate.

I think that this is unreasonable and I can't find a specific reference to the legality of this in Indiana but have received the general opinion that Indiana only requires a 30 notice by law and that the law supersedes the written agreement.

Can anyone confirm or deny this with a high degree of confidence?

Can anyone confirm or deny this with a high degree of confidence?
Hello s:

I can. I suggest the law is the minimum, and can be increased by the terms of the lease. My degree of confidence is 7 out of 10.

But, I don't think your landlord is going to lay down because you heard it from an exconvict on the internet.

excon

I see nothing in the Indiana laws that states this law takes precedence over reasonable terms in a written lease. A requirement of 60 days notice is very common and definitely not considered unreasonable. In my opinion the landlord wins this one. My degree of confidence is 9.99 out of 10. Where did you get the "general opinion" from? An Indiana attorney?

The time to question the reasonability of the clause was before you signed the lease. Indiana law does not prohibit the clause and only requires a MINIMUM of 30 days notice.