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  1. #1
    krysjack is offline Junior Member
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    Landlord divorce, tenant rights

    Indiana, My landlord and his wife are getting a divorce. In IN, they have to wait 100 days before they can file. I have lived in this house for 2 years, paid my rent faithfully 6 mos in advance. Yesterday, the wife came to my home and gave me a handwritten ( not notarized, or even a letter from an attorney) letter telling me i have 30 days to vacate. She is not on the deed or the mortgage and the husband bought the properties with his previous ex-wife. He is the sole owner. Does she have legal ground to attempt to evict me without cause? I do not wish to be a pawn in an ugly divorce battle, but the rent fits my financial situation perfectly. Advice pls??? Help?
    Last edited by krysjack; 07-10-2012 at 12:02 PM. Reason: did not save earlier
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by krysjack View Post
    Indiana, My landlord and his wife are getting a divorce. In IN, they have to wait 100 days before they can file. I have lived in this house for 2 years, paid my rent faithfully 6 mos in advance. Yesterday, the wife came to my home and gave me a handwritten ( not notarized, or even a letter from an attorney) letter telling me i have 30 days to vacate. She is not on the deed or the mortgage and the husband bought the properties with his previous ex-wife. He is the sole owner. Does she have legal ground to attempt to evict me without cause? I do not wish to be a pawn in an ugly divorce battle, but the rent fits my financial situation perfectly. Advice pls??? Help?
    Did she sign the letter or did her husband? That makes a big difference. I would contact her husband about that.
  3. #3
    Who's Liable? is offline Senior Member
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    There are a few factors to consider here. Are you on a fixed term lease, or month to month?
    Only a judge can issue an eviction, and only after the LL has gone thru the proper steps to evict. If you are on a fixed term lease, the letter is worthless and you can toss it out. If you are on a month to month lease, and your paperwork does NOT show the wife as the LL or an authorized agent of the LL, you can toss it out.
    Write a letter to the LL stating if your lease is still in affect that you are staying and they have no legal authority to remove you.
    Methinks the wife is trying to pull a fast one on the husband by secretly moving you out, so she can get in there. Happens all the time.
  4. #4
    Searchertwin is offline Senior Member
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    [QUOTE=krysjack;3071575]Indiana,

    Depends on a couple of things:

    Did she sign the lease along with husband?
    Is she the only one who signed?
    Is the husband only one who signed?

    Doesn't really matter - according to your post, you paid 6 months advance and I assume have not violated any of lease provisions.

    The fact that she is not on the deed or mortgage, does not play a role in leasing the property.

    The property, to who owes what, is none of your business. You already know that Indiana an equitable distribution state. And if he obtain it before the marriage, which you have your nose in his business, that the court will give property back to him. Has nothing to do with renting.

    It would take the person/persons who is the LL, to give you a notice. But they just can't give you one out of the clear blue sky. They have to have a reason and their divorce has nothing to do with your leasing.

    I do not wish to be a pawn in an ugly divorce battle,
    Than don't. Keep your business to yourself and leave their business to them.

    But you should send a crr letter, to the person/persons who signed your lease, stating that they have no grounds to evict you and to please not to send any more 30 days notice that has no grounds for eviction. State you have paid 6 months in advance and will continue meeting the lease terms.
    Keep it simple, don't tell them about the divorce, they know it exist.
    Last edited by Searchertwin; 07-10-2012 at 02:19 PM.
  5. #5
    xylene is offline Senior Member
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    Aside: Why did you prepay rent?

    There are so many ways that does not serve your interest.

    If you do get tossed, not only will you have to worry about that issue, you will have to recouop your prepay money.

    You do know that when you hold on to your own money it earns interest (theoretically...)

    Good luck.
  6. #6
    Searchertwin is offline Senior Member
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    [QUOTE]
    Quote Originally Posted by xylene View Post
    Aside: Why did you prepay rent?
    Because the tenant knows when they got a good deal all away around.

    I just love tax time - I have one renter that pays three months ahead for the past several years.

    . I'm in the money I'm in the money
    Last edited by Searchertwin; 07-10-2012 at 03:24 PM.

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