Problems with "so called tenants" leaving property.

[rvanbusum]

What is the name of your state? INDIANA

So I recently bought a duplex. I had been renting part of the double for sometime before purchasing the whole house on contract earlier this year. During the process of buying the home the former owner allowed people to move in nextdoor. Basically helping them out. After I bought the home on Sept. 1 I told the occupants living there that I needed them out by the first of November. I never charged them anything and the utilities are in my name. The only agreement I had with them is I would let them stay until November 1. It is now the 3rd and they are refusing to leave. Do these people have tenant rights? Or are they more like a roommate? Am I forced to evict them? Or can I simply just change the locks on my own house? I don't want to get into any trouble. And have no desire to be a landlord. What are my options here? If I do have to evict do I get to sue them for losses that they are causing me? Any help would be greatly appreciated for a first time homeowner.

 

[BL]

What is the name of your state? INDIANA

So I recently bought a duplex. I had been renting part of the double for sometime before purchasing the whole house on contract earlier this year. During the process of buying the home the former owner allowed people to move in nextdoor. Basically helping them out. After I bought the home on Sept. 1 I told the occupants living there that I needed them out by the first of November. I never charged them anything and the utilities are in my name. The only agreement I had with them is I would let them stay until November 1. It is now the 3rd and they are refusing to leave. Do these people have tenant rights? Or are they more like a roommate? Am I forced to evict them? Or can I simply just change the locks on my own house? I don't want to get into any trouble. And have no desire to be a landlord. What are my options here? If I do have to evict do I get to sue them for losses that they are causing me? Any help would be greatly appreciated for a first time homeowner.

You are a LL at this point , even though you do not desire to be one .

At the very least , you should have informed them in writing ( keeping copies ) that you are the new owner , your name,address, etc.

Then give them written notice to vacate as per LL/tenant law .

You options are to learn your State's LL/tenant law and evict , or hire a LL/tenant Attorney to evict .

No, you can not change the locks , some State's you can be arrested for illegal eviction , or pay a big price.

 

[Alaska landlord]

You can give them the usual 30 day notice, or you can recall the set amount of rent you both discussed and give them a pay or quit notice. Then you followed up with an eviction notice.

 

[rvanbusum]

Ok Maybe I wasn't quite clear enough in my description. I live on one side of the double I own. The people who live on the other side have never been paying tenants. And were notified by me and the seller during the time of the purchase of the home. They weren't in a contract then and they aren't now verbally or written..At the time of purchase I said they had 2 months to leave the property and I expected nothing in return for them to leave. They have never paid me or my previous landlord rent. And I never asked for any rent either.I gave them a free roof under one condition they vacate when my construction crews will be coming in... They are due in this week and yet I am still stuck with people I barely know taking advantage of me when I just wanted to give them a leg up. I didn't want the landlord responsibility and thought by signing anything with them at the time would give them more rights. And there is nothing in my land contract regarding tenants occupying my house currently. I am trying to avoid a messy situation but it does seem that I have to go through eviction proceedings even though they were and still aren't tenants. Is there anything I can do to speed this up? Should I have them sign a agreement to leave on a certain date? Will this help? Thanks for your replies.

 

[queenofsand]

You were quite clear. You just don't like the answers given by our knowledgeable members.

Your 'so called tenants' are simply tenants. As tenants, they have rights. As a landlord, you must abide by the law. They established tenancy by living there.

Until your tenants receive proper written notice, the process to get them out hasn't started.

Another idea, you could make an offer to entice them to move out sooner. Offer cash to cover moving, deposits, etc for the inconvenience of leaving on short notice. Think generously. Make certain this 'deal' is in writing and signed by both parties.

Remember, as the new owner, it was up to you to find out what to do. It's not your tenant's fault that you walked into this deal blindly.

 

[rvanbusum]

My response was aimed at Alaskan Landlord and was just meant to give more details. There was no set rent amount or anything. I do understand that this would probably be the case I just wanted to find out how to speed the process up as much as possible.

I will start eviction proceedings immediately. Should I give her a written notice immediately or is that basically what filing takes care of? She has had 3 oral warnings and over 2 months notice. I just want a smooth transition and don't want to break laws. I appreciate the helpful answers.

 

[ecmst12]

If you haven't given them written notice, then legally you haven't given them any notice at all. Their 30 days begins on the day you give them WRITTEN notice.

 

[HomeGuru]

My response was aimed at Alaskan Landlord and was just meant to give more details. There was no set rent amount or anything. I do understand that this would probably be the case I just wanted to find out how to speed the process up as much as possible.

I will start eviction proceedings immediately. Should I give her a written notice immediately or is that basically what filing takes care of? She has had 3 oral warnings and over 2 months notice. I just want a smooth transition and don't want to break laws. I appreciate the helpful answers.

**A: the day you closed was the day you became a landlord. That said, you should have been familiar with the L/T law. It would help to read and understand the law since you are in the landlord business.

 

[rvanbusum]

I have been trying to read up as much as possible though this will be the only time I will ever landlord. I am just trying to make my double a single graduate college and move on with life. I kinda knew all along I should of had her sign things but I talk to her often and just didn't think this would become a problem.

Last question:

Does the written notice I give her have to be from the courts or just a typed document from myself? Do I need to give her this before I go over to the courts? What if she signed something that states that she was given a 60 day notice? Or if I write up a contract that gives her a week or so to leave? If I offer her money for moving expenses and rent and get it in writing that she will be out by a certain date will that stick? Or will I have to start eviction proceedings if she doesn't follow up on that as well? I just don't really want to evict her. But she keeps lying to me and not letting me know what is going on!

 

[BL]

I have been trying to read up as much as possible though this will be the only time I will ever landlord. I am just trying to make my double a single graduate college and move on with life. I kinda knew all along I should of had her sign things but I talk to her often and just didn't think this would become a problem.

Last question:

Does the written notice I give her have to be from the courts or just a typed document from myself? Do I need to give her this before I go over to the courts? What if she signed something that states that she was given a 60 day notice? Or if I write up a contract that gives her a week or so to leave? If I offer her money for moving expenses and rent and get it in writing that she will be out by a certain date will that stick? Or will I have to start eviction proceedings if she doesn't follow up on that as well? I just don't really want to evict her. But she keeps lying to me and not letting me know what is going on!

Hire a Landlord tenant attorney to evict . You won't have to go through the hassle , then it will be over with .

 

[queenofsand]

BL has good advice.

The notice can be formally drawn up or you can diy...just make sure you cover all of your state's requirements.

Notice before court. I'd get some pro advice on the pay to leave agreement. If she defaults...eviction follows. I don't know the timeline.

Don't believe a word she says or put much faith in her signature. It's more important for you to cover all your bases

Check your county's website. In a brief search of the IN.gov website, I found specific info for certain cities and townships; hopefully yours is listed.

There you can find information, forms, etc. Even if there's no website, you can call/visit your local small claims court--some offices have brochures and forms.

Also, check uslegalforms.com or legalzoom.com; they should have what you need.

You can also contact a lawyer through this site (imagine that!).

My condolences to Notre Dame...military family here (AF though we claim Navy as our own).