Kokomo, IN asked in Landlord - Tenant for Indiana

Q: Tenant died and his daughter moved in and won’t leave. Claiming she can’t be evicted because of Covid-19.

My tenant died in the middle of a 12 month lease. I went to clean up the apartment and his daughter was there and stated that she’s taking over her father’s lease and she doesn’t have to leave. She went on to say that I can’t evict her due to the COVID-19 pandemic and because there’s an executive order from the Indiana Governor. She also mentioned something about having mail with her name on it proving residency, which I’ve never heard of. She’s not on a lease and the lease I have with her father has a clause that states no new tenants without prior approval and an amendment to the lease to add them. She just showed up when her father died and now won’t get out. She’s also moved her boyfriend in over the weekend. No rent paid, no lease, and she’s gloating that I have no rights. What are my options? Do I have any rights to my property or can she just move in, not pay rent, and wait the pandemic out until evictions are legal?

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1 Lawyer Answer
Paul Stanko
Paul Stanko
  • Plymouth, IN
  • Licensed in Indiana

A: She is trespassing. You should contact the police and file criminal charges.

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