Q: I live in New Albany, Indiana with Mom, I'm not on a lease but have been here over 2 months, can she kick me out
Can I be removed without notice? Can she remove my possessions while i'm at work? It is a apartment, but does she have to file a eviction or can the New Albany Police remove me without notice? What are my rights if any?
A:
I'm assuming you are over 18 and are emancipated. It sounds like in this case you are not on the lease for the apartment and are a subtenant of your mother. As a subtenant you are essentially renting part of the apartment from your mother who is essentially your landlord. If you are a tenant or subtenant you have certain rights under Indiana law. You cannot be removed without notice. Your possessions cannot be removed until you have been evicted. The landlord (in this case your mother) will have to evict you. The New Albany police cannot remove you without an eviction order from the court.
This is all of course assuming that you are a subtenant and not a guest. For legal advice you need to consult with a landlord/tenant attorney in your area who can review all of the facts and give you informed advice based on your situation. Everything here should be considered general information.
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