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Need eviction advice in Indiana

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courtney77

Junior Member
What is the name of your state (only U.S. law)? IN.

My situation is a little complicated but i'll try my best to keep it simple. I live in Indiana. 3 months ago my mother-in-law let a man move in with her who was basically a stranger. She had only talked to him on the phone for a few months & only talked to him face-to-face 1 time. None of us were happy about it because she's not all there mentally since her stroke last year. Well this "man" is an admitted women abuser & we found out he hit my MIL. He has admitted to myself & other family members that he hit her & at least 3 other women but he had "reasons" for hitting them. He has threatened to kill my MIL & destroy the house if she tries to kick him out so she is terrified of him & was to scared to tell him to leave. We verbally told him he needed to move out after my MIL told us she wanted him to leave but of course he didn't listen to us & then threatened to take my MIL out of state where we would never find her if we tried to break them up. He has scammed her out of hundreds of dollars in the past 3 months & she wasn't getting her bills paid properly because of him so my sister-in-law & husband got guardianship over her last week because she's not capable of making proper decisions. My question is how should i word the written 10 day notice to evict since he has never paid rent, bills, or bought grocery's & is extremely violent? He doesn't have our permission to be there but of course we still have to go through everything legally since he has established residency there. If we had our way he would be out tonight but i know we have to give him a 10 day notice before we can go through the courts to evict him i'm just not sure how to word the eviction notice for someone who's never paid rent & who has threatened the homeowner. Thanks for any help you can give me!
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? IN.

My situation is a little complicated but i'll try my best to keep it simple. I live in Indiana. 3 months ago my mother-in-law let a man move in with her who was basically a stranger. She had only talked to him on the phone for a few months & only talked to him face-to-face 1 time. None of us were happy about it because she's not all there mentally since her stroke last year. Well this "man" is an admitted women abuser & we found out he hit my MIL. He has admitted to myself & other family members that he hit her & at least 3 other women but he had "reasons" for hitting them. He has threatened to kill my MIL & destroy the house if she tries to kick him out so she is terrified of him & was to scared to tell him to leave. We verbally told him he needed to move out after my MIL told us she wanted him to leave but of course he didn't listen to us & then threatened to take my MIL out of state where we would never find her if we tried to break them up. He has scammed her out of hundreds of dollars in the past 3 months & she wasn't getting her bills paid properly because of him so my sister-in-law & husband got guardianship over her last week because she's not capable of making proper decisions. My question is how should i word the written 10 day notice to evict since he has never paid rent, bills, or bought grocery's & is extremely violent? He doesn't have our permission to be there but of course we still have to go through everything legally since he has established residency there. If we had our way he would be out tonight but i know we have to give him a 10 day notice before we can go through the courts to evict him i'm just not sure how to word the eviction notice for someone who's never paid rent & who has threatened the homeowner. Thanks for any help you can give me!


**A: why did you folks not call the cops and have him arrested. That's a good way to have him vacate.
 

courtney77

Junior Member
We did call the police but my MIL refused to press charges & my husband & SIL didn't have guardianship yet so they couldn't press charges for her. Trust me we wanted him thrown in jail but our hands were tied. If he's stupid enough to hit her again we will definitely press charges but we are hoping to evict him before he has a chance to hit her anymore.
 

Gail in Georgia

Senior Member
Focusing only on the eviction issues.....

Without a lease (and even without paying rent) this fellow would be seen as a month to month renter.

As such, a 30 day notice to vacate can be presented to him. No reason for the notice to vacate need be given.

Watch the situation carefully after this notice has been provided. From your description, he is quite likely to become violent.

Gail
 

courtney77

Junior Member
Thanks for your reply Gail! In Indiana we can give 10 day evictions so that's what we were planning on giving him. We are trying our best to do this by the book so that the process goes as quickly & smoothly as possible. This "man", i have a problem calling an admitted women beater a man, has been arrested 12 times for battery in the past 15 years so we are worried about what will happen but we'll get a restraining order if we have to. He violates restraining orders though so we won't feel much safer with one but if he violates it at least we'll be safe while he's in jail. Thank's again Gail for your reply. Now i can write out a 10 day notice to vacate & serve him with it as soon as my MIL is safely away from the house.
 

courtney77

Junior Member
I have another question that hopefully somebody will know the answer to. Indiana statute states that no notice to vacate is needed when there is no landlord-tenant relationship. Since my husband & his sister never gave permission for this man to live there & he isn't paying them rent there is no landlord-tenant relationship between them so would they be able to evict him with no notice under that statute or would that not work since they didn't get guardianship of their mom until after this man lived in her house? I'm grasping at straws right now but we are desperate to get this man out of the house as soon as possible.
 

Gail in Georgia

Senior Member
You have reviewed the new landlord tenant laws under "emergency possessory" in Indiana, correct?

Indiana Landlord Tenant Law

Frankly, it likely doesn't matter how you word your notice to this man. He'll not be leaving based on receiving this notice and on the rare chance that he does, he certainly won't be thrown in jail from an eviction.

Your best chance of getting him out of there quickly is if your MIL pressed charges on him for the physical threats on her life and the his assault on her. Right now the courts would see him as one of many, many tenants who just doesn't pay rent and they have little incentive to move quickly to evict him.

Gail
 

courtney77

Junior Member
No i somehow did not come across the new Indiana "emergency possessory" law even after all of the research i've been doing. Thank you for pointing out that new law. You're right i don't think it will matter how we word the notice to him, he possibly won't leave when he's given the notice anyway. We are hoping he'll choose to leave since all of the money he's been getting from my MIL is now cut off & has been moved to a different bank so he now won't have money for his beer & drugs. I really don't think he'll want to stick around for to long since he won't be getting anymore money but i could be wrong. I'm not sure my MIL will press charges on this man for the abuse since she thinks she "loves him" & my husband & SIL can't press charges on him for the abuse since it happened before they got guardianship. We'll serve him with a vacant notice & cross our fingers that he'll leave with no problems but we are prepared for a legal battle if it comes to that. Thanks again for your help!
 

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