Eviction

[briang72]

State: Indiana

I live in a house that a friend of mine let me rent. There is no lease or contract and I have always paid her money each month that we both agreed on. After 2 year of living there, I've found myself in finacial trouble and have been unable to pay her rent for around 6 months. She's been very understanding up until now. About 45 days ago, I received a letter certified mail from her which states it is an "Affidavit for immeadiate possession of real estate." There is no Cause number or seal from the courts on it. I figured she was just trying to scare me into either coming up with money or move out. This is the only contact she's had with me in 5 months.

I've since then found a good paying job in another state and am in the process of moving. My plan is to be out of the house by June 1st. Today, she stopped by telling me that I have until Friday (May 14th) to get out. This is only 4 days away and I am unable to do anything as I'm in the process of moving to another state and will be unable to secure residence elsewhere. I'd stay with friends, but I am unable to bring my pets with me and there isn't another place to put them until the final move.

I believe I've given all the information that I can. Now for my question. Can she force me out with a 4 day notice? I thought there had to be some kind of court hearing and 30 days from that. I tried to tell her I would be out at the end of the month, but she says she won't wait. I don't blame her for being upset about this as it is my fault, but what could 2 extra weeks do? Any advice? What if she comes back to the house and locks me out without allowing me to gather my belongings? Is this possible? Please advise. Thank you for your time.

[krispenstpeter]

She is a landlord and must follow the Indiana L/T laws. Regarding the letter you received, was it from a court or did you keep the envelope?

[briang72]

The envelope was from her home address. And can you be more specific about Indiana law? I'm not aware of it and I cannot seem to find any information regarding no lease or contract signed. Thanks again.

[krispenstpeter]

I'd better elaborate.

First, I assume from your post that no lease or rental agreement in WRITTEN form was ever signed since you didn't mention one. If that is the case, then IC 32-7-1-2 Sec. 2. applies which, in part, states: "A tenancy at will can not arise or be created without an express contract; and all general tenancies, except those tenancies covering lands used for agricultural purposes, in which the premises are occupied by the consent, either express or constructive, of the landlord, shall be deemed tenancies from month to month. "

That is why you need to find out from where the 'notice' came. If it came as official notice from the court that an action has been filed against you, you are required to have a minimum of five days to respond.

What I suspect is that your 'friend' is doing exactly what is required and 'noticing' you that a suit will be filed if you do not vacate the premesis.

When she does, you will be served an eviction 'notice' from the court with a time and date to appear.

Also, when exactly did you receive this notice and when do you pay your rent. That will determine if proper notice pursuant to IC 32-7-1-1 Sec. 1. was given. This section, in part, states: "Estates at will may be determined by one (1) month's notice in writing, delivered to the tenant."

For example, if you pay rent on the 1st and you receive notice to vacate or be evicted on the 2nd, then notice is deemed to have been served at the NEXT date when rent is due.

So, what is your next move?

[briang72]

I can understand if she wants to file suit against me for failure to pay rent or to leave the property. We do not have a written contract or lease, but a verbal agreement. Rent was to be paid at the 1st of each month. The letter that was sent 45 days ago appears to be a form she went and picked up from the clerks office, filled out herself, and mailed to me from her residence via certified mail. On the form it indicates a place for a cause number, which is blank. Also there is not a court seal on this form. It's my understanding that an offical notice from the courts would have those 2 things on the form.

Again, my concern is can she come put a lock on my door on Friday as she said she will do in effect forcing me to leave the house? I get the part about once she files and a date is set for court, that I have 30 days from that date to leave. But as I stated previously, I'm leaving at the end of May. 15 days from the date she *wants* me out. My next move is to give her back the house at the end of the month regardless of a court date or whatever. I sorry if I missed the point of your post, I'm really trying to understand and I appreciate your input thus far. Thanks again.

[JETX]

Briang, quit playing games.
Lets make this very simple.
You have a month-to-month verbal lease. Your obligation is to pay the rent EVERY month. You have not, and therefor are in BREACH of your verbal lease. Due to your failure to pay, the landlord has (apparently) noticed you that she is terminating the 'lease' and demanding that you leave. This 'notice' does NOT have to be from a court or have a seal.

The applicable state laws are:
"IC 32-31-1-6 Rent; refusal or neglect to pay
If a tenant refuses or neglects to pay rent when due, a landlord may terminate the lease with not less than ten (10) days notice to the tenant unless:
(1) the parties otherwise agreed; or
(2) the tenant pays the rent in full before the notice period expires.

IC 32-31-1-7
Forms; notice to quit; failure or refusal to pay rent
The following form of notice may be used when a tenant fails or refuses to pay rent:
(insert date here)

To (insert name of tenant here):
You are notified to vacate the following property not more than ten (10) days after you receive this notice unless you pay the rent due on the property within ten (10) days: (insert description of property here).
(insert name of landlord here)

IC 32-31-1-8
Notice to quit; when not necessary
[b]Notice is not required to terminate a lease in the following situations:
(1) The landlord agrees to rent the premises to the tenant for a specified period of time.
(2) The time for the determination of the tenancy is specified in the contract.
(3) A tenant at will commits waste.
(4) The tenant is a tenant at sufferance.
(5) The express terms of the contract require the tenant to pay the rent in advance, and the tenant refuses or neglects to pay the rent in advance.
(6) The landlord-tenant relationship does not exist.

IC 32-31-1-9
Service of notices
(a) Notice required under sections 1 through 7 of this chapter may be served on the tenant.
(b) If the tenant cannot be found, notice may be served on a person residing at the premises. The person serving the notice must explain the contents of the notice to the person being served.
(c) If a person described in subsection (b) is not found on the premises, notice may be served by affixing a copy of the notice to a conspicuous part of the premises."

Okay, with all that.... the landlord has demanded you leave and you have apparently refused. The next step is that the landlord can go to the local court and file a lawsuit against you (called a 'writ of unlawful detainer') and get a court order COMMANDING that you leave.

Oh, and guess what, she will very likely also get a judgment against you for all your past due rent also.

So, I suggest you start packing NOW and make arrangements to get out.

[HomeGuru]

I guess no games now that JETX posted.