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  1. #1
    Join Date
    Nov 2005
    Location
    Indiana
    Posts
    2

    Default Eviction While Down And Out

    So my husband of 12 years left me in October, took our rent money and our children and refused to give them back to me. I explained what happened to our landlady and she said she understood etc. I had to apply to the trustee of our township to get them to pay the rent. They paid Octobers rent, however things have changed since then.
    I now have my children back, all four of them. I have been a stay at home mom for ten years. No job, he took all the money, took the vehicle and everything. I have been to court and there hasn't been a decision on support as of yet. So still no money. However, I do have enough money for this months rent now. I had intended to pay her the money when I got a phonecall stating that she is now going to evict me and the children because she feels that there are other places for me that would be better.
    Well I have been trying desperately and have found nothing. She gave me this letter, placed in my mailbox with no envelope or anything, on the 9th (Yesterday) and it stated that they are taking the house back on the 9th of December.
    I have no place to go, as I stated, I am looking desperately. Can she just kick us out in the middle of winter like this? I mean, I am crossing my fingers that by the grace of God that I do find something. Of which if I get out of the country, I can get a job again to make money of course, so hopefully that wouldn't be the issue.
    But thing is, she is trying to kick us out over this, after stating she would work with me on things etc.
    Is there anything I can do possibly? Anything at all?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Termination of Tenancy in Indiana

    If you are residing in the rental unit on the basis of a month-to-month tenancy, ordinarily the tenancy may be lawfully terminated on one month's notice.

    According to Student Legal Services at Indiana University, the landlord must bring a legal action to evict you if you don't move voluntarily:
    Quote Quoting Indiana Eviction Law
    Eviction Suit

    If your landlord decides to try to evict you, he or she must go to court and file a "complaint for eviction." This is usually filed in small claims court. You will be served with a copy of the complaint. It may be sent by certified mail or the sheriff may deliver it to you or leave it at your residence. The complaint will state the reasons eviction is being sought and the amount of money claimed, and will set a date for you to appear in court. You should get at least five days notice before the hearing. If you do not, you may ask the court for a continuance. Often, the suit will be dismissed if the rent owed, together with any late fees due and court costs, is paid before the court hearing. Be sure to go to court at the scheduled time! This is your opportunity to present any defenses to the landlord's claim. If at all possible, consult SLS as soon as you receive the court papers. Even better, consult SLS before receiving papers if you think they're going to be filed.

    Eviction trials are often conducted in two parts. The first hearing, called the eviction hearing, is simply to determine whether you should be ordered to leave the apartment. A second hearing, to determine whether you owe the landlord money, and if so, the amount, is usually held at a later date. If you have already moved out of the apartment by the date of the eviction hearing, however, the judge may go ahead and hear evidence on the issue of money.

    owed ("damages" in legal jargon) at that time. At the eviction hearing, the landlord will first present evidence about your alleged breach of the lease. You or your attorney will have a chance to question the landlord about his or her case. Next, you will be given the opportunity to present evidence as to why you should not be evicted. If you have documents, photos, or any other information that shows that you did not violate the lease or, if you did, that the violation was minor, be sure to bring it with you to the hearing. You can also bring witnesses. If a witness is reluctant to come to the hearing, but you think he or she has important information, the clerk's office can help you subpoena the witness. If the judge orders that you should be evicted, you will probably be given a few days in which to move. Because you won't have much time to find a new place, begin looking for one the moment you think eviction is a possibility. Even if you are evicted, you can still minimize the amount of money you are required to pay the landlord by cleaning the rental unit and following the joint exit inspection procedure described earlier in this pamphlet. Document the condition of the apartment with photographs or have a disinterested party look at it, to avoid being hit with excessive cleaning or repair charges at the damages hearing.

  3. #3
    Join Date
    Nov 2005
    Location
    Indiana
    Posts
    2

    Default

    I found out when the husband left that we were no longer on a lease. According to the letter she placed in the mailbox, we haven't been on a lease in over a year.
    He had lied to me about leases and signing and talking to landlords when things went wrong all the way around.
    Granted, this really doesn't help me now of course, but I am worried about my children not having a place to go. Doing this during the holidays and such is so much more stress on things.
    I don't mind leaving here I suppose, I was just hoping that she couldn't kick us out and we had to be out exactly on the 9th since I am having difficulty finding places with four children.
    Thank you for that information though Good to know that there is actually someone out there that would take a minute or two out to help, even if just for something like this.

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