Ask Me Help Desk - EX-Husband as tenant

HI all
Im new to the site and hope you can help,

I own a house which I moved out of back in 2000 do to some problems the house sat for a year without anyone living there. Then out of the blue I was informed my Ex husband had moved in and had been living there for months without my knowing so I got in contact with him and we came to a verbal agreement he would pay 100.00 a month to live there and any thing that needed fixed he would take care of as the rent was so low. He was also informed that anyone he decided to move in would also pay 100.00 to live there as the rent was low so he had a place to have his weekend visitation with our daughter. He has since had a girlfriend living with him for 6 months and she refuses to pay her part and he is constantly late with the agreed rent do I have to give him and her 30 days or so notice to evict ? He has already stated he will destroy any and all improvements he has done if I evict him or sell the house the property is located in Indiana he does have the electric in his name as the house has its own well any info on how to go about getting rid of them would be helpful thank you

Quote:

Originally Posted by shylovingfemale

HI all
Im new to the site and hope you can help,

I own a house which i moved out of back in 2000 do to some problems the house sat for a year without anyone living there. Then out of the blue I was informed my Ex husband had moved in and had been living there for months without my knowing so I got in contact with him and we came to a verbal agreement he would pay 100.00 a month to live there and any thing that needed fixed he would take care of as the rent was so low. He was also informed that anyone he decided to move in would also pay 100.00 to live there as the rent was low so he had a place to have his weekend visitation with our daughter. He has since had a girlfriend living with him for 6 months and she refuses to pay her part and he is constantly late with the agreed rent do I have to give him and her 30 days or so notice to evict ? He has already stated he will destroy any and all improvements he has done if i evict him or sell the house the property is located in Indiana he does have the electric in his name as the house has its own well any info on how to go about getting rid of them would be helpful thank you

This is very sad position .how can you live with 100 per month where are you. I you have any qualification then go to job. Better to plan your self.

Srinivas
[email protected]

Quote:

Originally Posted by shylovingfemale

HI all
Im new to the site and hope you can help,

I own a house which i moved out of back in 2000 do to some problems the house sat for a year without anyone living there. Then out of the blue I was informed my Ex husband had moved in and had been living there for months without my knowing so I got in contact with him and we came to a verbal agreement he would pay 100.00 a month to live there and any thing that needed fixed he would take care of as the rent was so low. He was also informed that anyone he decided to move in would also pay 100.00 to live there as the rent was low so he had a place to have his weekend visitation with our daughter. He has since had a girlfriend living with him for 6 months and she refuses to pay her part and he is constantly late with the agreed rent do I have to give him and her 30 days or so notice to evict ? He has already stated he will destroy any and all improvements he has done if i evict him or sell the house the property is located in Indiana he does have the electric in his name as the house has its own well any info on how to go about getting rid of them would be helpful thank you

In the first post in this forum is a link to each state's ll/tenant laws. Find yours and read up on it thoroughly. Since you had only a verbal agreement with him the laws in your state are basically your "lease" with him that you'll have to go by.

Do you have access to the property? If so, find out what the law says about you entering the property. Follow that law, go in and document (pictures, witnesses,etc) the condition in detail. Then if he damages anything you'll have proof of what he did.

You just need to follow legal avenues to get him out at this point. Either eviction or a 30 day notice and see if he'll vacate. Unfortunately there's nothing you can do from a legal standpoint any more quick than that or to prevent something he may do. You'll just have to see what he does actually do and then you can sue him to attempt to recoup your losses.

Karla in TX

He is a tenant. To get him out you have to evict him according to the rules in Indiana. I don't suppose you got any of your agreement in writing?

I would file for eviction then hire a sheriff to go with you to serve the papers. While there, you photograph EVERYTHING showing the condition of the house. Inform him that you will sue him if any damage is done to the house before he leaves.

If you want try once more before formally starting the process, I would send him a letter stating that you have given him a sweetheart of a deal, but if he doesn't keep up his end of it, then he is forcing you to take further action.

Thanks for the feed back everyone,

No nothing was in writing as he was already living in my house for months before I was aware of the fact as when I moved out I moved 150 miles north and couldn't keep an eye on the place.Hes always calling me a slum lord etc when water freezes or something needs repaired even though he gets reminded that rent is low for such repairs and that he has a good thing . With money being tight its hard to drive the 150+ miles one way to file in the county that the house resides also he can be unpredictable as he does drugs and drinks so I'm pretty sure he would trash all the improvements he has made to the house since living there as he paid for them to quote him ( I will tear every _____ thing I paid and added to your _____ house) even if a sheriff was with me and I take the pics
But I am going to advise him that by the end of the month he and his girlfriend both have to have their rent current and keep rent paid on time or I'm starting proceedings to get them thrown out Im wishing to sell the house any way for raround 20 grand

Quote:

Originally Posted by shylovingfemale

Im wishing to sell the house any way fo raround 20 grand

Are you saying you just want to basically dump it to and investor - that type of thing? If that's the case and $20K is a bargain there are many investors who will buy sight unseen and don't care who is living in the property. You could sell it with them still in it and then they would become the new owner's tenants to deal with. If he's volatile like you say and you plan to sell the house for a reduced rate anyway, you might as well get that ball rolling right away and just wash your hands of the whole situation.

HTH,
Karla