Tenant rights - no lease agreement

[ShortyHound]

What is the name of your state? Indiana

My sister is living in Indiana and has been renting in Kendalville on a verbal rental agreement. She is now behind on her rent (no surprise there) but tells me because there is no lease there is no way she can be evicted plus my nephew who is 7 is with her and they cannot evict you at all when you have a minor child. I keep telling her this cannot be true but she feels she can now stay as long as she wants because the landlord has no "proof that I agreed to pay rent." She says her cancelled checks to the landlord cannot be considered proof she was paying rent since she never put a memo on them saying she paid rent.
When I tell her the whole thing sounds like she has misinterpreted the laws and is not thinking straight she tells me "Indiana is different. The landlord cannot evict me no matter what." She says she does not need any legal advice, I'd say she needs more than that!
Who is not thinking straight here - her, or am I the one who is off base?
Should I be expecting the yearly phone call begging for help?

 

[JETX]

My sister is living in Indiana and has been renting in Kendalville on a verbal rental agreement. She is now behind on her rent (no surprise there) but tells me because there is no lease there is no way she can be evicted

Ah, but there IS a lease. It just happens to be an 'at will' month-to-month. And yes, she CAN be evicted.... and/or the landlord can simply decide to terminate your tenancy with a 10 day written notice.

plus my nephew who is 7 is with her and they cannot evict you at all when you have a minor child.

Wrong again. Does she really think that a landlord (or the state) would allow a tenant to simply stop paying without the landlord having the legal process to recover their property??

She says her cancelled checks to the landlord cannot be considered proof she was paying rent since she never put a memo on them saying she paid rent.

Wow, does she live in an imaginary world!! How would she explain regular payments to the person who happens to own the property where she lives??

When I tell her the whole thing sounds like she has misinterpreted the laws and is not thinking straight she tells me "Indiana is different. The landlord cannot evict me no matter what." She says she does not need any legal advice, I'd say she needs more than that!

Oh, she will get her advice... from the court when they kick her ass out on the sidewalk.... with her son right behind her.

Who is not thinking straight here - her, or am I the one who is off base?

She's not only 'off base', she is off this planet!!

Should I be expecting the yearly phone call begging for help?

Sounds to me like you are more likely to get a monthly call for help. She seriously needs a reality check.

I suggest you steer her to the Indiana Landlord-Tenant laws.... specifically:
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.

The laws are at: http://www.in.gov/legislative/ic/code/title32/ar31/

 

[south]

Tell her good luck in court, no such thing as a free lunch.

What is the name of your state? Indiana

My sister is living in Indiana and has been renting in Kendalville on a verbal rental agreement. She is now behind on her rent (no surprise there) but tells me because there is no lease there is no way she can be evicted plus my nephew who is 7 is with her and they cannot evict you at all when you have a minor child. I keep telling her this cannot be true but she feels she can now stay as long as she wants because the landlord has no "proof that I agreed to pay rent." She says her cancelled checks to the landlord cannot be considered proof she was paying rent since she never put a memo on them saying she paid rent.
When I tell her the whole thing sounds like she has misinterpreted the laws and is not thinking straight she tells me "Indiana is different. The landlord cannot evict me no matter what." She says she does not need any legal advice, I'd say she needs more than that!
Who is not thinking straight here - her, or am I the one who is off base?
Should I be expecting the yearly phone call begging for help?

 

[ShortyHound]

Thanks for responses

You have said a lot of what I have been trying to tell her. I read the law and interpreted as you did. I have no idea who her "legal" contact is but I have a feeling it's someone who works for a lawyer and not an attorney at all.
I have told my sister over and over that no one will let her stay in a house forever without paying rent but she is insistent that with no lease and a 7 year old in tow she cannot be legally evicted.
Needless to say, she's my sister and I do care, but she is in serious need to a reality check.
Thanks for the replies. I appreciate it. I'll try again to get her to understand that she is not being handed a house on a silver platter!

 

[south]

The nearest thing she has to a legal contact is probably one of her school friends, her reality check will have to take place in court.

Tell her if it was as easy as that every single mother in Indiana would be living for free and some would be picking mansions as their choice for free living.