Indiana Eviction Laws For Family Members

State:
Indiana
Control #:
IN-EVIC-PKG
Format:
Word; 
Rich Text
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Description eviction of a family member

This package contains the essential state-specific forms a landlord needs to evict a tenant. If you need to get rid of an unwanted tenant, this money-saving package ensures that you follow the rules of your state. Included in this package are the following forms:



1 Month Notice to Terminate Month-to-Month Lease from Landlord to Tenant - This is a sample letter from a landlord to a tenant. This particular letter serves as notice that the tenant has one (1) month to vacate the premises. The landlord has opted to not renew their month-to-month rental agreement.



10 Day Notice to Pay Rent or Lease Terminates for Residential Property - This is a sample letter from a landlord to a tenant. This particular letter serves as notice that the tenant has ten (10) days to pay his/her rent or be out of the premises.



10 Day Notice to Pay Rent or Lease Terminates for Nonresidential or Commercial Property - This notice informs a tenant of commercial property that he/she has ten (10) days to pay his/her rent or be out of the premises.



Notice of Breach of Written Lease for Violating Specific Provisions of Lease with No Right to Cure for Residential Property from Landlord to Tenant - This form is for a landlord to provide notice of breach of a written lease for violating a specific provision of lease with no right to cure. It is for a residential lease. You insert the specific breach in the form. The lease should contain the specific provision which has been violated, and provide that provision cannot be cured, or the statutory law must state that this particular breach cannot be cured.



Notice of Breach of Written Lease for Violating Specific Provisions of Lease with No Right to Cure for Nonresidential Property from Landlord to Tenant - This form is for a landlord to provide notice of breach of a written lease for violating a specific provision of lease with no right to cure. It is for a non-residential lease. You insert the specific breach in the form, and it may be given any number of days in advance that you state.



Affidavit for Default ?ˆ“ Eviction - This is a statement completed by a landlord when a tenant fails to answer/appear in an eviction case, requesting that the court grant a default judgment in favor of the landlord.



Clerk's Notice of Claim to Defendant for Eviction, Rent Due, and Damages - This is a Clerk's Notice of Claim to Defendant for Eviction due to his/her failure to pay rent in a timely manner, as well as for damages caused to the premises by said defendant. With this notice, the plaintiff demands immediate possession of the premises and all past due back rent.



Writ of Restitution / Possession - This form is used by the court to order the sheriff to evict an unwanted tenant and return possession of the property to the owner of the premises.

Indiana's eviction laws for family members refer to the legal regulations that govern the process of removing relatives from a property. When it comes to evicting family members in Indiana, several key considerations come into play. Understanding these laws is crucial for both landlords and tenants to ensure a fair and lawful eviction process. In this article, we will provide a detailed description of the Indiana eviction laws for family members, discussing the different types of evictions and their specific regulations. 1. Immediate Family Member Eviction: In Indiana, immediate family members such as spouses, parents, children, and siblings are generally exempt from eviction laws. This means that unless there is a written rental agreement in place, immediate family members are not legally obligated to adhere to the same rules as other tenants. 2. Extended Family Member Eviction: Indiana's eviction laws treat extended family members, such as cousins, aunts, uncles, and grandparents, differently from immediate family members. If an extended family member occupies a property as a tenant, they are subject to regular tenant-landlord laws and can be evicted under specific circumstances. 3. Rental Agreement: If an extended family member has a written rental agreement with the landlord, the terms and conditions outlined in the contract become legally binding. The agreement should include details such as the duration of the lease, rent amount, and any other stipulations agreed upon by both parties. 4. Non-Payment of Rent: One of the most common reasons for eviction is non-payment of rent. If an extended family member fails to pay rent as agreed upon in the rental agreement, the landlord has the right to initiate the eviction process. However, proper notice must be given before starting any legal proceedings. 5. Breach of Lease: If an extended family member violates any terms of a rental agreement, such as causing damage beyond normal wear and tear, engaging in illegal activities on the property, or disturbing other tenants, the landlord can begin the eviction process. 6. Proper Notice: In Indiana, landlords must provide a written notice to the tenant, stating the specific reason for eviction and a reasonable amount of time to correct the violation or vacate the premises. The notice must comply with Indiana's legal requirements, such as being in writing and properly delivered to the tenant. 7. Court Proceedings: If an extended family member does not comply with the eviction notice, the landlord can file a lawsuit to obtain a court order for eviction. The tenant will then have an opportunity to present their defense before a judge makes the final decision. It's important to note that the above information is a general overview of Indiana eviction laws for family members and should not be considered legal advice. Landlords and tenants should consult with a qualified attorney or review the Indiana Code to fully understand the specific laws and regulations applicable to their situation.

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FAQ

If your family member is noncompliant with the lease terms or refuses to leave after you have given them a Notice of Non-Renewal, you may serve them with a written Eviction Notice.

Indiana eviction laws vary from county to county, but they still follow the same general eviction process: Send a clear written notice. Fill out the forms. Serve the tenant. Attend the trial. Wait for judgment.

If your child refuses to leave your home within the time to vacate, you will have to go to court and start an eviction (known as an ?unlawful detainer?) and get a court order to forcefully remove your child from your home.

How to Evict. Step 1 ? Send Eviction Notice to Tenant. Step 2 ? File With the Court. Step 3 ? Court Assigns Return Date. Step 4 ? Appear in Court. Step 5 ? Motion for Default Judgment. Step 6 ? File an Execution for Possession. Step 7 ? Possession of Property.

What is the Indiana eviction process normally like? If you're ending a month-to-month tenancy, you must give the tenant a 30-day written notice to quit. A year-to-year tenancy requires 3 months' notice. After 30 days, if the tenant has not vacated the premises, you can then proceed with the eviction proceedings below.

More info

If you're ending a month-to-month tenancy, you must give the tenant a 30-day written notice to quit. Toyear tenancy requires 3 months' notice.Create a free Indiana eviction notice that meets state laws and provides sufficient notice to quit for a tenant. A: The first step is to have a serious talk with the family member, i.e. , either pay rent or move out. Frequently Asked Questions about evicting non-tenant guests from your home. Is it legal to evict a family member from my home? Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms and committing illegal activity. An overview of Indiana eviction rules, forms, and procedures. 14-Dec-2021 — Generally, anyone living with a tenant can also be evicted, even if they're not on the lease.

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Indiana Eviction Laws For Family Members