Asked in Real Estate Law and Landlord - Tenant for Indiana

Q: Eviction of family member, no lease...?

[Indiana] - My brother-in-law wants to sell me a house that his ex-girlfriend and biological daughter reside in. There is no lease in place, nor formal rental agreement. If I purchase this house, can I ask the ex-girlfriend to leave or is there a formal "eviction" process that I need to do?

2 Lawyer Answers
Peter J. Weinman
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A: You can always ask, but you must commence a formal eviction if she chooses not to go. Evicting family is never easy, and courts (at least from my New York perspective) are sometimes sympathetic to tenants in these situations, so you should speak to an attorney to discuss your possible outcomes and ensure you're up for the task. When shopping for a lawyer to represent you in the purchase, make sure you choose someone with eviction experience. If you don't have one in mind already, start your search for a local lawyer here:

Anthony M. Avery agrees with this answer

Anthony M. Avery
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  • Landlord Tenant Lawyer
  • Knoxville, TN

A: Attorney Weinman is correct, you need an attorney to file the civil action. But do not get in an argument with the occupant, or they might put you in jail for assault, etc., giving them leverage.

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