Legal Question in Real Estate Law in Indiana

How can I legally evict my ex who is not on the lease nor pays rent?

My girlfriend moved in to my apartment about 3 months ago. I am the only tenant on the lease. The understanding is that she would pay half rent. Well, we have broken up. The problem is that she has all of her belongings and mail there., but she has not paid any rent and is showing no signs of moving out or looking for new apartment. I would like to speed up the process of her moving out but want to do it properly. Do I have the authority to evict her or do I have to go to apartment manager (I would prefer to leave the management out if possible)? Am I correct that she must have 30 day notice to move out? Is there a specific form, protocol, law, etc. to evicting roommates? I do not want to be mean in doing so, I just want to make sure that the break is clean and easy. Any help would be appricated.


Asked on 1/18/05, 11:32 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: How can I legally evict my ex who is not on the lease nor pays rent?

Generally, a 10 day written notice is required to end a tenancy where the tenant is behind on rent. You then go to the local small claims court and file for an eviction. When the constable shows up to serve the papers on the roommate, you cannot accept them on his/her behalf if he/she is not home then. When a small claims court serves notice of eviction, it sets a hearing date for the trial. You must appear as the landlord and testify as to the amount the tenant is behind and request the court evict the tenant. If the tenant is not current in rent, the court will set a date for the tenant to move out. If the tenant fails to move out, you contact the constable of the court for either a writ or a moving company to come in and remove the tenant's property. You will have to pay for the in advance.

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Answered on 1/18/05, 11:39 am


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