Need help with an Indiana eviction?
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 & we suspected he was only using her for money & a place to live. 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. She refused to press charges on him when the police talked to her. 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 & made other bad decisions 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. In my opinion there is there is no landord-tenant relationship which in Indiana means you can tell someone to vacate with no notice. He doesn't have permission from my husband or SIL to live there, the only person who gave him permission is an incompetent women. 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. I'm also not positive if we have to give a ten day notice since there is no landlord-tenant relationship. Sorry this was so long. Thanks for any help you can give me!
Thank you so much nath_657 that was very helpful! We aren't to worried about the threats, we think they are empty threats & he's just trying to scare us into letting him stay there but we are making sure we don't let our guard down since he is very violent & has an extensive criminal record. Hopefully he will leave peacefully & my MIL can live peacefully & safely in her home again. Thank you again!
- 1 decade agoFavorite Answer
I'm sure if hes not listed on an official document as an occupant in the household then he can be evicted immediately as hes basically just squatting there. But if you are going to go down the written route i would suggest saying something along the lines off:
I am writing to inform you that you have 10 days to vacate your current residence. At the time of the start of your occupancy of the given premises you were given permission to stay by a person who was mentally incapacitated there for you are not lawfully permitted to reside at this address. Any hesitance to vacate the premises in the allocated time frame will lead to any legal action necessary.
Something along those lines. As for the threat of violence i wouldn't take that seriously if the police are involved, just call his bluff. Hope this helps in some way.
- xxx000auLv 71 decade ago
How can you evict someone who you have no agreement with.
Yet as the home owner wants him to stay you have no hope of doing it legally.
You really do need to spend a few dollars and get good legal advice.
But don't fall into the"lets send his a few letters" This guy is no fool.
He wont fall for that.
Maybe speak to her doctor and see if at her next check up if he finds bruises speak to her about who did it and what can be done to stop it.
In the end if she wont agree to act, I suspect your last hope is to get your mum to put the home in your name so he cant get that.
- merkielLv 44 years ago
the interest requirement to terminate a month to month contract is one finished condominium term. in case you provide observe each time between at the instant and August thirty first, the tenant could have till September thirtieth to vacate. you are able to furnish the tenant funds to flow out. in case you flow this path, you provide the tenant not something till all of her very own possessions are moved out, the placement is extremely sparkling and he or she has became over the keys and possession to you. I even have by no ability and could by no ability flow this path. The tenant is had to vacate or be evicted. i can't pay a individual to do what's needed of them. you are able to not start up an eviction till the termination date has handed.
- Anonymous1 decade ago
You will need to get power of an attorney and tack over her finances and all that is in her name.You will need to get her declared mentally unfit to handl her self and her finances.Do this as soon as you can,he can do the same and you my fined your mom at your doer step asking for a place to live and not a cent to her name.Including her S.S.I.check.