tenant wont get out!!

[davidk]

i have a person who been living here in my home for 2 yrs, no written lease (indiana) has been behind in rent for 3 months, i told him last wed hes got one week to leave , can i throw him out now? its been 1 and half week

 

[happylucky]

Of course NOT this is AMERICA......Not some Communist 3rd world REDNECK COUNTRY!

You have to evict him in a court of law. Go to the court house Monday and start filing the paperwork.

Next time you will be smarter and Have everything IN WRITING!

 

[maryp]

Question!

I don't know what the legal position is in this case - given that there's no written agreement, why can he be thrown out?

My first reaction would be to wait until the parasite went out, put all their personal belongings in a safe place outside and then get the locks changed and put a "bye bye" letter on the door!

 

[DRUSS1964]

you can not throw them out
you have to evict them even if it is not in writing
it is an implied rental agreement
he paid you rent and you accepeted the money
if you just throw him out or lock him out he can sue you
get a lawyer and let the lawyer evict him
if you try and do it on your own and make a mistake in the paper work you will have to keep doing it until you get it right
protect your own rights and use the court system

 

[happylucky]

The legal principle is:

YOUR RENTER is an AMERICAN

And by being an AMERICAN we have rights given to use by our Constitution.

A one of them is that EVERY AMERICAN is entitled to a fair hearing in a court of law.

Why you are suggesting is what a lowlife scumbag REDNECK would do and he could have you ARRESTED!

So stop being a REDNECK and learn how to be an AMERICAN...and follow the law!

 

[maryp]

hmmmmm!!!! I see we're on top form again happylucky! davidk didn't reply to your post - I did!

1. I was merely asking why the "tenant" can't just be thrown out.

2. I wasn't suggesting it be done - merely stating what MY first reaction would be, as I'm sure it would be for a lot of people.

3. I'm not a redneck - I'm not American - I'm not even in America, so please, can we dispense with the personal insults?

 

[happylucky]

That is WHY we live in AMERICA.....and NOT in your country

Even the lowest of lowlifes must have their day in court!

 

[maryp]

I hardly think that when it comes to the law, the United Kingdom is the back of beyond!

If my memory serves me right - I think you'll find that one of the earliest surviving records on tenancy was written by Glanvill, c.1188. It was an overview of the common law.

I just don't see your logic in calling someone who just wants to get a freeriding parasite out of their property a REDNECK!

 

[happylucky]

Mary:

Bacuse here in America, the only ones that seem to want to violate the law, and ASSULT tenants ...are REDNECKS

Any reasonably educated landlord knows this BEFORE they buy a property and will have a lawyer and do things legally.

I agree the tenant is a parasite, but the "landlord" was a jerk by NOT having a signed lease, and by researching the law BEFORE you rent out your place, AND by allowing this parasite to get away with owing him so much money..

The landlord is NOT an innocent bystander.