Legal Question in Real Estate Law in Indiana

Removing someone living in your house that is not related

My daughter's boy friend will not move out of her home. Her name is the only one on the mortage and there is no lease. He has 2 boys, 16 & 18 that could reside with their mother. What are her options?


Asked on 6/13/08, 10:57 am

3 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Removing someone living in your house that is not related

If your daughter cares as much as you do about removing this person and his sons from her home, she should call the cops. Ordinarily, to remove an unwanted tenant from your home, you need to file an action for unlawful detainer in the local small claims court. (Everyone who ever had permission to stay with you is a "tenant," even though he overstays his welcome.) But since this case involves a boyfriend, I suggest you contact the county prosecutor for assistance under the Indiana Domestic Violence laws. Good luck.

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Answered on 6/13/08, 2:06 pm
C. David DuMond Law Offices of David DuMond

Re: Removing someone living in your house that is not related

If your daughter cares as much as you do about removing this person and his sons from her home, she should call the cops. Ordinarily, to remove an unwanted tenant from your home, you need to file an action for unlawful detainer in the local small claims court. (Everyone who ever had permission to stay with you is a "tenant," even though he overstays his welcome.) But since this case involves a boyfriend, I suggest you contact the county prosecutor for assistance under the Indiana Domestic Violence laws. Good luck.

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Answered on 6/13/08, 2:06 pm

Re: Removing someone living in your house that is not related

You have not indicated that thee is a domestic violence issue, therefore, I am of the opinion that your daughter needs to givehim 30 days written notice to terminate what is considered to be a month to month lease. If he does not leave, then she needs to file for eviction in court. In the event that he becomes violent or threatens her, she may then be able to obtain a protective order that would require him to leave the premises.

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Answered on 6/14/08, 9:36 pm


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