Asked in Landlord - Tenant for Indiana

Q: can my landlord kick me out without filing eviction

Lease ended in sept but still been doing month to month pay on time my brother moved in with his kids landlord got mad n said I have to get out it’s not in my lease about guests or people staying here I pay on time always do I have to move or does he have to file eviction we have children in the home am I wrong to not have gave notice my brother is only staying a month if that I’m pregnant and have a toddler not prepared to move at the drop of a hat

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
  • Landlord Tenant Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: Even if you did not have a lease and were informally going month to month by the terms of the previous year lease agreement, and even if the landlord told you he or she would not renew that monthly agreement and told you to be out and you overstayed, your landlord still has to file an eviction and show a court that he or she has grounds to take possession of the property. Eviction is the only process by which a landlord may take possession of the property and have you removed.

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