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  1. #1
    Join Date
    Mar 2012
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    3

    Default How to Evict an Unwanted Roommate

    My question involves an eviction in the state of: Indiana

    I own a home with my wife and 3 year old daughter in Indiana. Recently, we acquired a roommate that was a friend. We'll call her Sarah. Sarah was down on her luck and was being beaten (police documented) by her boyfriend, so we decided to help her out by giving her and her four month old child a place to stay. Sarah is 27 years old, and she is still technically married to another man prior to the previous boyfriend.
    She has become a financial burden to me and will not help herself get back on her feet, despite my best efforts. I do not want Sarah exposing my daughter to her poor decisions and nasty habits.
    I would like to "evict" Sarah since she has friends she can stay with, but I am concerned about her overreacting and calling the police. Does she have any legal grounds that would prevent me from removing her? Any help appreciated!

  2. #2
    Join Date
    Mar 2012
    Location
    Georgia
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    149

    Default Re: to Remove an Unsavory Character

    This is not a legal opinion, but rather an observation.

    From what you're describing, I assume you are not charging Sarah rent. You say she has become a financial burden, so I'd also assume she is not contributing to the household expenses in any way as well. Again, I'm just assuming, not concluding.

    If that's the case, I'd presume she's nothing more than a guest. I don't believe the landlord / tenant laws would apply to a house guest, and you can ask them to leave anytime you want them to. Whether or not the police choose to get involved or not is usually up to them. They often don't get involved in these kinds of disputes unless there is some breach of the peace.

    On the other hand, if you have some sort of written agreement with Sarah, then she may be a tenant, and this matter may be subject to the landlord/tenant laws.

    I'm sure one of the posters here who has specific knowledge of the IN landlord/tenant law will clarify that part for you.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    75,925

    Default Re: to Remove an Unsavory Character

    There's an overview of eviction procedure in this thread.

    How long has Sarah lived with you? Has she ever paid rent (or agreed to pay rent) or contributed to the household's finances or bills? Is the home her legal address (e.g., where she gets her mail, on her driver's license as her address, etc.)?

    You can contact the police department (not by 911 - it's not an emergency) and ask whether they would regard her as a tenant or unwanted guest / trespasser. If they say "tenant", then you should expect to have to evict her. If they say "trespasser" you can ask if they will provide a civil assist to get her out if she won't voluntarily leave.

  4. #4
    Join Date
    Mar 2012
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    3

    Default Re: to Remove an Unsavory Character

    Sarah has lived with us since the week before Christmas. She does not pay for rent directly, but she does use her food stamp card to purchase groceries for the household. She has changed her legal address to our home on her state ID, as she does not have her license back yet. Sarah has our home listed for her government documents to be delivered (food stamp, child support, and WIC). Nothing is on paper, but we technically have a loose oral agreement that she is to make efforts to get her life back on track and purchase food for the house.

  5. #5
    Join Date
    Mar 2012
    Location
    Georgia
    Posts
    149

    Default Re: to Remove an Unsavory Character

    Post removed - BAD information.

    My apologies.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,128

    Default Re: to Remove an Unsavory Character

    765 ILCS 705 Section 15 (e)(ii)
    Illinois law doesn't apply in Indiana.

    jl275m00n, Sarah is a tenant, and to get her out, you'll have to initiate formal eviction proceedings.

    She would be considered a tenant at will (month to month tenant), so you'll need to give her 30 days WRITTEN notice to leave. If she does not leave in that time frame, you will have to file for eviction in Superior court.

    Read here and here.
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  7. #7
    Join Date
    Mar 2012
    Location
    Georgia
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    149

    Default Re: to Remove an Unsavory Character

    Quote Quoting LawResearcherMissy
    View Post
    Illinois law doesn't apply in Indiana.
    OH good grief. It's been a long day. I'll be back later, after I get this egg off my face.

    Thanks for the correction. If I were perfect, everybody would want to be me.

    Here's the proper cite which indicates she IS A TENANT in INDIANA:

    IC 32-31-2.9-3
    Applicability of residential landlord-tenant statutes
    Sec. 3. The residential landlord-tenant statutes apply to rental agreements for dwelling units located in Indiana.
    As added by P.L.29-2003, SEC.1.


    IC 32-31-2.9-4
    Inapplicability of residential landlord-tenant statutes
    Sec. 4. The residential landlord-tenant statutes do not apply to any of the following arrangements unless the arrangement was created to avoid application of the residential landlord-tenant statutes:
    (1) Residence at a rental unit owned or operated by an institution that is directly related to detention or the provision of medical care, maternity home care, education, counseling, religious service, geriatric service, or a similar service.
    (2) Occupancy under a contract of sale of a rental unit or the property of which the rental unit is a part if the occupant is the purchaser or a person who succeeds to the purchaser's interest. However, the residential landlord-tenant statutes apply to occupancy of a rental unit under a rental agreement described in IC 32-31-3-7(b).
    (3) Occupancy by a member of a fraternal or social organization in the part of a structure operated for the benefit of the organization.
    (4) Transient occupancy in a hotel, motel, or other lodging.
    (5) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in or about the premises
    (6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.
    (7) Occupancy under a rental agreement covering property used by the occupant primarily for agricultural purposes.
    As added by P.L.29-2003, SEC.1. Amended by P.L.62-2008, SEC.1.

  8. #8
    Join Date
    Mar 2012
    Posts
    3

    Default Re: to Remove an Unsavory Character

    Thank you all very much for your input! I will serve written notice asap. Does anyone have an example of key words or phrases that must be included in the written notice for it to be official?

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