Alrighty then. I have 13 people living in this house, they havent paid rent in 2 months, utility bill averages 500 a month which will be placed as a lien on the home if they do not pay. So I filed for an eviction and the court says they get to stay till the court date which is in Feb. ???? We are going to loose everything if this happens! Is this really true? They get to live there for free for 2 more months?

While racking up bills that we will be forced to pay? Also I have called everyone but social services to get some of the people out of this 900 square foot home with no help. But the city will gladly fine us big time for that many people living there.

Help!

Call your city or county code enforcement office. If they deem the place or conditions unliveable, at least they might get some or all of them out. Eventually you'll likely have to go to court to collect the rent and utilities. How on earth did 13 people get in without intervention before now??

__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

Amazingly the place is clean. I dont think they have been making any damages. But kids are sleeping in the garage.

I did read on a different blog that I may be able to file an emergancy hearing. That or I can call the Family Services, since its only about 50 * in the garage.

I guess she borrowed money from her friend, and the friend took it upon herself by collecting money she was owed by living there for free. ahhh, her husband and 3 kids came too. I just dont understand why people would want to live like that.

The mom of the renter is there constantly helping clean. So its hard to say she has to leave!

If the utilities are in your name why can't you have them shut off for a couple of days just to see if they will move out. We have rentals and it is very difficult to kick children out under the Indiana Laws. (Never rent to anyone that have children)!!! YOu do have to go through the procedures to get them out. That's the law! Why can't they go to the county and ask for rent and utliities for a month or two? So they work? Also you can give them a 24 hour notice that you will be doing checks on the house and they have to let you in. Did they put a deposit?
You will be able to take them to small claims to get back rent, utilities, and damages.
Never ever leave the utilities in your name.....
Also you need to make up a contract and state how many people are allowd to stay there.

Cutting off the utilities will only land YOU in court in a case that you WILL NOT win! Absolutely do NOT DO THAT!

If there are kids sleeping in a 50 degree garage, this is NOT acceptable. You can contact the Indiana Child Protective Services at 1-800-800-5556. Regardless of what's happening with the adults, they can at least act to get the children into a healthier environment before they end up with pneumonia.

__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

Aardvarc, shame on you. I expect more from you young lady... lol

Landlord Tenant laws vary by state, and I am surprised with the bad advise that has been given on this post from at least 1 poster, that no one has advised that a landlord tenant attorney be called.

Put the cart before the horse much? Turn off the utilities. Sure, leave the OP with a HUGE lawsuit to contend with. You can't fight wrong with wrong. At least not where I come from. Maybe they do things a little different in Indiana, but where I come from, turning off the utilities will have that family practically owning the house they are renting.


Second, if people are living in an illegally converted garage, I suggest you get in contact with code enforcement in your area. This situation does not, in most jurisdictions, constitute a legal emergency in which an ex parte would qualify.

::::smacking self in forehead:::::

DUH! A landlord tenant attorney! There you go being perfectly reasonble again...I HATE it when you do that!

See what happens when I'm posting while I'm engrossed in flipping back and forth between the news and the football game while listening to the police scanner and fighting off the 4 cats trying to walk across my keyboard? Hmmm..maybe I need some time in the "harmony hut"!


Hey...do I get half credit for the code enforcement part????

__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

You guys are awesome! and funny lol

The utilities can not be shut off and the companies cant legally till March. Our tenants do have utilities in their names. But it seems sinceless since how the home owners around here are legally responsible. In Kingsford Heights, IN if the utilities are not paid on that property a lein is put towards that property. They dont care whos fault it is.

Ordinance law in their favor! The only thing that happens is the landlord gets a very steep fine, while they get to continue living there! Nothing happens to them. Period.

Currently their is no law to get these people out. Other than an eviction which ours is set for a Court Hearing in Feb. Not even to get them out. Just a hearing people!

I have talked to a former Senator about this. It wont help us but I am moving forward with starting a bill to enforce immediate removal of peoples not on lease or those that are not suppose to live their AND in which violates the common ordinance and Fire Safety Issues. I think for All of Indiana the standard common ordinance is 2 people per room.

I am supposedly going to recieve some sort of check from the Township for a portion of the back rent. Which does not make them current nor pays any late fees or utilities.

She did apply for assistance for utilities and has recieved SOME funding. These are one time deals. She is the only one with a job, her husband on disability and the rest are moochers.

The fact is, even if rent is caught up, I will still have to evict because of all the people there. A friend of mine works in the town hall, so she is not going to pursue to fine me on the ordinance violation because she knows I am not doing it on purpose. She is actually trying to help keep an eye to make sure no hazards happen until I can get them out somehow.

So I will continue bugging people until something is done about it.

I think whats going to happen is we will get the check, get ahold of Division of Family and get the kids out. That will eliminate about 7 people right there. Then the utilities will go down and hopefully they will live somewhere else so they can get their kids back.

Filing for an emergency order because of the potential hazard. Something is going to give in that house. Running all them appliances, water, and heat non stop. The house will literally implode. That would be interesting in itself.

Anyway, I may have to get potitions for the bill. I am sure I will have hoards of landlords seaking to do something about this kind of situation. Forcing landlords to financially support a dozen or so lazy people should be against the law somehow.

I'm going to give you the "Half Credit of the Week Prize"....(I don't know what the prize is yet...but it'll be something good!!)

OP: I'm also going to agree with Aardvark and CC, Call CPS in regards to the children sleeping in the garage ...And of course shutting off the utilities will get you in big BIG legal trouble...Anyone with an ounce of sence and has ever watched a Law and Order rerun should know that...(wink wink)...

I stand by what I said if the utilities were in my name I would have them shut off if they were not paying their bill. (I called Duke Energy, and teh Water Company asking what eh law ws if we were responsible for unpaid utilities that were in the renters names and they said (NO) and are sending me this in writing....
We have been smarter than that though and have never kept the utilities in our names. But if I had ever had a stupid moment and allowed someone to rent off of us and kept them in our names you can bet the utilities would be shut off if they were not paying. Court or no court!
Also we never rent to anyone that have children, we also put in the contract how many people are permitted to live there, and also if anyone is late with rent they would be kicked out within 30 days and this is legal and binding according to our Attorney that made up our contract.

An ower can make it tough on non paying renters, announced inspections, putting a forsale sign in teh yard and running prosepctive buyers through all hours of of the day after giving them a 24 hour notice.

We have rented 2 homes out for over 30 years and have NEVER had non paying tenants, why? because we use our head on determing who we would like as renters. We do a complete back ground check and again NEVER EVER rent to anyne that has pets or kids!