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How Quickly Can You Make Somebody Move Out

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  • 07-19-2011, 10:11 PM
    tscove
    How Quickly Can You Make Somebody Move Out
    My question involves an eviction in the state of: Indiana

    Hello,

    I have a house that I live in currently. I rent out two of the rooms to help cover the cost of rent. I do not require a deposit, or a renting commitment of any type. I only require 30 days before the next months rent is due, or next months rent in order to leave. I require the tenants to sign a paper stating that when they move in. No agreement of time discussed, it is 'Month to Month'.

    I have had a person living there since May... He does pay on time.. but This person is incredibly dirty, very very disrespectful, and does drugs. They lied about not doing drugs, lied about stopping to do them on the property, and have failed to ever fix the problem. Constantly I am asking this kid to clean up his mess, stop making the house smell like pot smoke when he smokes it, ect. I have told him verbally that if he does drugs on the property again, and if I smell it, see it, what have you.. he is out.

    As of a Monday night he did it yet again.. So I've had it. I am ready for him to be GONE. I have another person that can move in on August first, and I would hate to miss-out on that opportunity cause of this deadbeat living with me now.

    So can I just tell this person they must be out by the first? Or do I have to give him 30 days?
  • 07-19-2011, 10:17 PM
    Dogmatique
    Re: Can I Evict This Kid
    Nope.

    You must abide by the law of your State - he is legally now a tenant and you will need to evict him legally.
  • 07-19-2011, 10:41 PM
    cyjeff
    Re: Can I Evict This Kid
    If you know he has pot in his room, why not call the police?
  • 07-20-2011, 05:54 AM
    tscove
    Re: Can I Evict This Kid
    I've thought about that, but I am not 100% sure it's in his room, how well the cops would check, ect.

    I've been looking at the Indiana Tenant-Landlord law and can't find anything concrete on the minimum time I have to give him to move out.

    Rather than an eviction, can I just tell him "You need to be out of here by the first of August" and just ask, or does that possibly count as an illegal eviction?
  • 07-23-2011, 06:30 AM
    markk1pe
    Re: Can I Evict This Kid
    I think that if you tell him to move out and he does without complaint you probably would not have to worry about him coming back with an illegal eviction case.

    You should document the pot smoking or get a witness. I would go to the police station and try to find a drug detective or police officer that would work with you. See if they have a K9 unit that could sniff out the drugs. Then when you smell it again call them to come over right away. If they smell it also they would have probable cause to search his room. Even if there is none in his room it would scare the bejeezuz out of him.

    And by the way, you are making a big mistake by not having a written lease that details all aspects of your tenants and your rights. There are certain rights you may lose if they are not spelled out in your contract. You should do an internet search to find the statutes that apply to rentals in your state and study them thoroughly and you'll see what I mean.

    I personally always make my tenants sign a "Zero Tolerance Drug Policy" addendum, I bet you wish you had one about now.
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