I need rental advice ( no lease signed) (renter, eviction)

[PetGroomer69]

In April 2010 I rented a space for $1000 a month for my business and residence. The guy I am renting from never had me sign a lease. I have sent him letters asking if he is going to have me sign one, but I never hear back from him. He came in back on September 14, 2012 and stated he was raising the rent to $1100 a month. Since Indiana law states that if a tenant is on a month to month lease, the landlord must give 30 days notice of any rent increases I began paying the increased amount in November. Unfortunately, my check bounced (the first time it has ever done that in 20 months I have been living here). My landlord called me saying he now has thousands of dollars in late fee's because his mortgage payment did not go through. Then he asked me to send him a new check. I told him the money was in my account to cover the check and that he can cash it, but he said he ran it through twice and needs a new check? According to my bank the check has only been submitted once. My question is, without a signed lease (never had one) do I have to pay the rent my a specific date each month or can I pay it as soon as I have the money to cover it, as long as it is being paid monthly. And, can he evict me if I do not pay the rent by the 10th?

[L2DB]

IANAL (I am not a lawyer), but at this point, I think I'd just cancel the old check and give him a new one as soon as you're able to. I have no clue if he actually could evict you from this, but even if he can, I doubt he will provided you pay him reasonably soon. Eviction is going to be much costlier for him from a time/money lost standpoint than just dealing with it.

I'm trying to decide if you should really push for a lease or if you benefit from not having one, but I can't decide/don't know the legal implications.

[rdwoelfe]

Originally Posted by L2DB

IANAL (I am not a lawyer), but at this point, I think I'd just cancel the old check and give him a new one as soon as you're able to. I have no clue if he actually could evict you from this, but even if he can, I doubt he will provided you pay him reasonably soon. Eviction is going to be much costlier for him from a time/money lost standpoint than just dealing with it.

I'm trying to decide if you should really push for a lease or if you benefit from not having one, but I can't decide/don't know the legal implications.

IANAL, I like that I will have to start using that. I would say the benefits from having a lease to the renter would be that he can leave when he wants, no lease to dictate how much notice to give. On the other hand the landlord could probably do the same, and also he could raise rent without notice since there is no signed contract.