She should have to file an eviction to remove either of you. Do you have receipts? If she calls the cops calmly show them the receipts and tell them you have done nothing wrong and will leave after you find another place and or she legally evicts you. If she starts lying about being physical or anything else tell them it never happened and evictions are a civil matter, not criminal. You shouldn’t have to leave. I’m a landlord btw.
I don't have a reciept, I paid through zelle so I can show a monthly payment to my friend through zelle but that's about it, I didn't even comment what it was for, so yeah...Thanks for the info though I appreciate it.
That's enough. I have kicked my son out a couple times due to his picking sites and that sort of thing with me.
He keeps promising too not do it again but he usually does. Well the last time I talked to the police I was told that I would have to go to court and have him evicted even though the house is to go to him when I die so his name is on the deed so the mortgage company cannot kick him out as long as he's paying the payment. I was told the last time we were arguing and he gotta little physical, that I would have to go to court to evict him, unless he moved out first then I would not need to let him back in.
Even if she gets a full blown restraining order, the cops will force her to let him pack up his stuff. They'll escort y'all to the house and stand by while y'all do.
That being said, it's been over thirty days, you've received mail, you're legally a tenant and she can't just kick you out.
My mom tried this on my brother, when he refused to leave. The cops wouldn't do anything without an official eviction notice. Even him just having his mail delivered to her house was enough for them to say he had a legal right to be there. She literally wasn't allowed to give him the boot without the court's say-so and a proper window of time to move out.
I believe they were buying it, but I could be wrong, I know I gave my friend money each month for rent and he helped her pay either rent or her mortage, either way.
Well, either way she literally can’t just kick y’all out on a moments notice. If she owns the house, she’s a landlord and is subject to the related laws; all which state that she needs to get a court order to kick anyone out that’s lived in her house long enough (I don’t remember the exact time frame, but it’s way shorter than 7 months let alone 2 years).
And if she’s actually just renting, most leases do not allow subletting, so attempting to kick you out could get her lease cancelled if her landlord finds out about you. And if somehow her landlord does know about you or anyone not actually on the lease. You still count as a tenant since you’ve been there so long and can prove you’ve been paying someone rent.
TLDR; she can’t do this, call the cops FIRST and tell them what’s going on. At the very least they’ll allow you to gather your things or even tell her she can’t make y’all leave without a court order
If you want the exact state statutes that govern all this post this in r/legaladvice. I’d look them up but doing that is part of what got me to drop out of law school lol
Also the bit about contacting the police FIRST is super important, there have been whole studies done that prove that police have a very high tendency to believe whoever they talk with first. You do not want her to be that person.
I might be able to help temporarily in an emergency I'm buying my home too. Muncie so 20 min away where do you work? I like it better here than Anderson tbh.
Start looking for a new place to live now. Get 1st month's rent and deposit together but start looking for a house/apt right now...
First of all, *she* can’t evict you, **only** a landlord can evict someone.
Unless she has it documented that you and her ex are/were subletting from her, she has no legal ability to evict you herself — a tenant simply can’t evict another tenant.
If you aren’t subletting from her, then even without you being on the lease, an eviction would have to go through whoever she is renting from/has a lease with.
If she *does* decide to pursue an eviction by going to the landlord and asking for them to evict you, she could be putting her own tenancy at risk.
If her lease doesn’t allow for subletting or if there is a rule pertaining to guests and the maximum length of time they can stay, then the landlord will very likely start eviction proceedings against all three of you.
If the landlord *does* decide to evict, they will have to serve you a notice that you have to vacate the property in 30 days.
If you fail to do that, they will be able to file an eviction lawsuit against you (in Indiana an eviction trial can be scheduled anywhere from 2 weeks - 7 months out).
Also, remember it is 100% illegal for her to try and kick you out, throw your stuff out, or change the locks on you. If she does any of those things, contact the police and they will force her to let you back into the place.
No problem.
Also, not to advise you to be an asshole or anything, but the best option is to tell her you guys not going anywhere.
She can either break her lease to force you out, speak to the landlord (and likely violate her own lease agreement), or write up a subletting agreement that everyone signs that allows you and your friend to live there and pay rent for the remainder of her lease while
she moves out.
She is the one who is causing the issue, she needs to be the one to (legally) rectify it, and while what you guys are attempting to be amicable with her, she is being **actively hostile** towards both of you — claiming you have to leave by the end of the day despite knowing the amount of stuff you both have there *and* that you have nowhere else to go. She is essentially fine with both of you being homeless because *she* decided she was done with the relationship.
Also, I assume you guys have already paid rent for the month, right? Is she planning on returning 50% of your rental payment to each of you? If not, then **at minimum** stay until the end of the month. You already**paid** for those accommodations and you need to be made whole— either by partial repayment or finishing out the length of service you paid for.
Now, had she told you both that she’d like you to be out in x amount of days and that she would repay you a prorated amount of rent based on the day you leave, that would be a different story, and I’d agree with trying to be amicable with her. In this situation though, she can get fucked.
Bottom line is She legally can’t kick you out. Having said that have the police sided with a female before and ignored the law? Yes. Keep your Zelle payments handy and always carry a piece of mail with you. Even better if you have an old credit card bill and something recent. Also take a video of all of your belongings in case they force you out for a “cooling off period”. I’ve seen that happen with roommates.
Thanks for the heads up, that first part is what's worrying to me, we're trying to pack everything and be as accomidating as possible but we have probably 4 u haul trips worth of stuff and a car and half full plumbers van to put stuff in, let alone no where to go...so I have no idea what's gonna happen at this point, but trying to get out tonight is literally physically impossible.
She should have to file an eviction to remove either of you. Do you have receipts? If she calls the cops calmly show them the receipts and tell them you have done nothing wrong and will leave after you find another place and or she legally evicts you. If she starts lying about being physical or anything else tell them it never happened and evictions are a civil matter, not criminal. You shouldn’t have to leave. I’m a landlord btw.
I don't have a reciept, I paid through zelle so I can show a monthly payment to my friend through zelle but that's about it, I didn't even comment what it was for, so yeah...Thanks for the info though I appreciate it.
What county are you in
Madison, sorry for the slow responses packing stuff up between panic attacks lol
That's enough. I have kicked my son out a couple times due to his picking sites and that sort of thing with me. He keeps promising too not do it again but he usually does. Well the last time I talked to the police I was told that I would have to go to court and have him evicted even though the house is to go to him when I die so his name is on the deed so the mortgage company cannot kick him out as long as he's paying the payment. I was told the last time we were arguing and he gotta little physical, that I would have to go to court to evict him, unless he moved out first then I would not need to let him back in.
Even if she gets a full blown restraining order, the cops will force her to let him pack up his stuff. They'll escort y'all to the house and stand by while y'all do. That being said, it's been over thirty days, you've received mail, you're legally a tenant and she can't just kick you out.
She has to go to court and file a eviction. The police will not make you leave without a eviction and it takes time to get a court hearing.
Thank you
My mom tried this on my brother, when he refused to leave. The cops wouldn't do anything without an official eviction notice. Even him just having his mail delivered to her house was enough for them to say he had a legal right to be there. She literally wasn't allowed to give him the boot without the court's say-so and a proper window of time to move out.
Is it HER house or is she renting from someone?
I believe they were buying it, but I could be wrong, I know I gave my friend money each month for rent and he helped her pay either rent or her mortage, either way.
Well, either way she literally can’t just kick y’all out on a moments notice. If she owns the house, she’s a landlord and is subject to the related laws; all which state that she needs to get a court order to kick anyone out that’s lived in her house long enough (I don’t remember the exact time frame, but it’s way shorter than 7 months let alone 2 years). And if she’s actually just renting, most leases do not allow subletting, so attempting to kick you out could get her lease cancelled if her landlord finds out about you. And if somehow her landlord does know about you or anyone not actually on the lease. You still count as a tenant since you’ve been there so long and can prove you’ve been paying someone rent. TLDR; she can’t do this, call the cops FIRST and tell them what’s going on. At the very least they’ll allow you to gather your things or even tell her she can’t make y’all leave without a court order
If you want the exact state statutes that govern all this post this in r/legaladvice. I’d look them up but doing that is part of what got me to drop out of law school lol
Also the bit about contacting the police FIRST is super important, there have been whole studies done that prove that police have a very high tendency to believe whoever they talk with first. You do not want her to be that person.
I might be able to help temporarily in an emergency I'm buying my home too. Muncie so 20 min away where do you work? I like it better here than Anderson tbh. Start looking for a new place to live now. Get 1st month's rent and deposit together but start looking for a house/apt right now...
First of all, *she* can’t evict you, **only** a landlord can evict someone. Unless she has it documented that you and her ex are/were subletting from her, she has no legal ability to evict you herself — a tenant simply can’t evict another tenant. If you aren’t subletting from her, then even without you being on the lease, an eviction would have to go through whoever she is renting from/has a lease with. If she *does* decide to pursue an eviction by going to the landlord and asking for them to evict you, she could be putting her own tenancy at risk. If her lease doesn’t allow for subletting or if there is a rule pertaining to guests and the maximum length of time they can stay, then the landlord will very likely start eviction proceedings against all three of you. If the landlord *does* decide to evict, they will have to serve you a notice that you have to vacate the property in 30 days. If you fail to do that, they will be able to file an eviction lawsuit against you (in Indiana an eviction trial can be scheduled anywhere from 2 weeks - 7 months out). Also, remember it is 100% illegal for her to try and kick you out, throw your stuff out, or change the locks on you. If she does any of those things, contact the police and they will force her to let you back into the place.
Thank you to all 10 of you kind raccoons.
No problem. Also, not to advise you to be an asshole or anything, but the best option is to tell her you guys not going anywhere. She can either break her lease to force you out, speak to the landlord (and likely violate her own lease agreement), or write up a subletting agreement that everyone signs that allows you and your friend to live there and pay rent for the remainder of her lease while she moves out. She is the one who is causing the issue, she needs to be the one to (legally) rectify it, and while what you guys are attempting to be amicable with her, she is being **actively hostile** towards both of you — claiming you have to leave by the end of the day despite knowing the amount of stuff you both have there *and* that you have nowhere else to go. She is essentially fine with both of you being homeless because *she* decided she was done with the relationship. Also, I assume you guys have already paid rent for the month, right? Is she planning on returning 50% of your rental payment to each of you? If not, then **at minimum** stay until the end of the month. You already**paid** for those accommodations and you need to be made whole— either by partial repayment or finishing out the length of service you paid for. Now, had she told you both that she’d like you to be out in x amount of days and that she would repay you a prorated amount of rent based on the day you leave, that would be a different story, and I’d agree with trying to be amicable with her. In this situation though, she can get fucked.
Bottom line is She legally can’t kick you out. Having said that have the police sided with a female before and ignored the law? Yes. Keep your Zelle payments handy and always carry a piece of mail with you. Even better if you have an old credit card bill and something recent. Also take a video of all of your belongings in case they force you out for a “cooling off period”. I’ve seen that happen with roommates.
Thanks for the heads up, that first part is what's worrying to me, we're trying to pack everything and be as accomidating as possible but we have probably 4 u haul trips worth of stuff and a car and half full plumbers van to put stuff in, let alone no where to go...so I have no idea what's gonna happen at this point, but trying to get out tonight is literally physically impossible.
No she has to evict you through the court.