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How do I get my violent, 18 year-old evicted from our home?
I am needing to legally get my 18 year old son out of my house. We have never had a lease agreement. He does not pay rent. He does not have a job. He has been becoming violent and destructive and I must get him out. We reside in Indiana, Vanderburgh county. I am looking for a free legal form I can print out myself to start with, along with some simple advise or any thing else that would be helpful. Thank you.
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He MUST be evicted by Indiana law: "The general steps in an Indiana eviction: The landlord tells the tenant the landlord wants the tenant to move out. The landlord files a case against the tenant. The tenant receives notice of the lawsuit by certified mail or by the Sheriff. The first hearing is to decide who has the right to possession of the apartment. If the tenant is in violation of the contract (for example, if the tenant is behind in rent), the landlord will have the right to possession and the court will order that the tenant be out by a certain date. (This is usually within a few days of the court hearing; you don’t get much time to move). If the court finds the tenant hasn't violated the lease, then the case is over and the tenant does not have to move. There is often a second hearing for the court to decide if the tenant owes the landlord any money. The tenant can also tell the court if the tenant thinks the landlord owes the tenant any money." Indiana Evictions You can also attempt to get a restraining order against him. That pretty effectively moves him out of the house and away from you. The fact that he is a family member does not matter. He MUST be evicted. |
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Removing a resident from your home is the same no matter what the relationship of the resident is. So the first step is to serve him notice that he needs to move. Generally this will require a 30 day notice. If he still doesn't leave, then you go through the court process. But, as Judy suggested, if he is getting violent, call the police. When the police remove him, you get a restraining order keeping him away. |
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