Clarise--Landlord in Indiana

Hi, Our tenant of two years wanted to go month to month on his lease. We told him we only go twelve months. He now says that we have to let him go month to month due to the following in the signed lease:

9. NOTICE OF INTENT TO SURRENDER: Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant’s intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Indiana law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.
If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a ONE MONTH written notice to the Landlord of Tenant’s intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a ONE MONTH written notice of termination, or by any other means allowed by applicable Indiana law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the ONE MONTH period of notice. Do we HAVE to accept monthe to month, it just doesn't make sence to us. Don't we have any control over this? We would really appreciate your help with this ASAP....the lease ends August 7, 2009.

--he is wrong it would seem--the provision is only for wrongful holdovers or inaction by the landlord... and you can terminate at any time with 30 days notice even during the month to month

That clause only means if you allow him to continue living there it would be considered a m2m tenancy. It does not mean you are forced to accept him from then on. There is no such thing as a forced month to month, except in rent controlled areas of the country (NY, NJ, and CA) and in NH (where a LL may only terminate for just cause, even on a m2m tenant). In IN, all you have to do is to notify the tenant that you wish him to vacate at the end of his lease and give him the required amount of notice (one month's notice). Since his lease ends August 7th, you may be stuck with him for a few extra days (it is already less than a month to that date). But serve notice on him immediately to vacate within one month's time. Depending on whether IN is a term state or a literal day state for notices, you may have to keep him there until September 7th at the latest. (If IN is a term state, the notice will not start until the beginning of the next rent date. If it is a literal day state, you will only hve him a couple extra days if you get him that notice immediately.) Check state law on "notices" or "terminating the tenancy" and look at the wording on when notices must be served to find out which it is.