eviction moratorium and lease expiration

[Nathan Williams]

Hello all, I have a renter in Indianapolis who is behind on rent but her lease ends in 60 days.  She has indicated she doesnt want to move when I tried negotiating an early lease termination.  So when her 1 year lease ends in 60 days can I give a 30 day notice and force her out with the eviction moratorium?  

thanks 

[Ric Ernst]

@Nathan Williams You can serve eviction papers now for non payment. No need to wait for the lease to end if she isn't fulfilling her obligations under the lease. I just evicted a tenant in Indy last week. However, your tenant could successfully have the eviction tossed if she convinces a judge that the eviction will lead to her being homeless. Then she will be there at least until the end of the year without any motivation to pay rent and you will have a pretty hard time collecting it later. If she is outright not paying rent, I would personally offer to pay her to leave. Offer an entire month's rent. That'll be cheaper than the combined court cost and lost revenue in the interim. It could take you a month or more to get a court date right now and, if you are unsuccessful, you will be out the court costs and rent. If she's just a bit behind and making an honest effort to pay, I would personally suck it up and wait for things to stabilize and work with your tenant to get caught up.