Can I kick out someone who is not on a lease agreement and has not paid rent?

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Can I kick out someone who is not on a lease agreement and has not paid rent?

My boyfriend moved in with me at my mother’s home. He has not paid any rent and does not have any written agreement. He insists that I have to give him 30 days to get out.

Asked on January 6, 2012 under Real Estate Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

While it's annoying that your ex-boyfriend won't get out of your mom's house, he does have certain rights in the state of Indiana. You don't need to have a formal rental agreement if he's been in the property more than two weeks in any six-month period. In short, to avoid this, he would have to pack up all his things, move out, and then move back in every two weeks or less to avoid this.

In an ideal situation, this unwanted roommate would leave on his own accord. If he has been living with you for two weeks or more, a 30-day notice is required to evict him. Otherwise, it could be considered an illegal eviction. You may want to consult with a real estate lawyer as anything not written defaults to state laws. Don't wait for him to tell you what the rules are.

Do You Have to Go through Eviction Procedures If He Doesn't Move Out?

You should give your ex-boyfriend a formal notice as soon as possible to get the clock ticking just as you would with any other legal tenants. If he fails to leave by the date specified in the notice, then you will have to file an eviction proceeding known as an "unlawful detainer". Once the court enters an order for the him to vacate the property, then you can have the sheriff enforce the order, by physical force if necessary if he refuses to leave.

You really should consult directly with an attorney who specializes in landlord-tenant cases, since if you fail to comply with the correct legal procedures for all of this, you could be sued for unlawful eviction. So, do not change the locks, remove his belongings, etc. It all starts with the proper notice, though.

How Do You File an Eviction Lawsuit?

If you need to file an eviction petition or other lawsuit, always call an experienced attorney. Even if you never formally go to court, your ex-boyfriend may respond faster if you have legal representation. Unfortunately, you probably won't get rent money as it seems you never agreed to payment of rent.

A real estate attorney can assess your case and review all your options. They can send a demand letter and take your case to court if needed. Most importantly, legal services in your area know how to work with law enforcement to resolve your roommate situations peacefully.


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