How to evict this tenant? (1st eviction) Strange situation in Indiana

Question

Ill try my best to explain the situation. So Ive only owned this property for about 3 months now. I am purchasing this on a land contract. It is a duplex and my brother lives in one unit and the owner's nephew in the other. The owner was a payee and handled the tenants social security checks (up until this month of August), so the rent was getting paid on time no problem.

The tenant was told last month by his uncle that he wanted him out of there since he had suspicion of illegal activities going on there (drugs) and did not want that kind of stuff going on in the house since his name is still on the deed. He's witnessed 15 people there at one point, with many of them asleep there in the middle of a weekday. My brother and cousin witness that random people are going in and out of the place.

Today me and my brother went in to fix a water leak. Right away I  noticed that a couple was living in the living room with blow up mattresses and a  child, another couple with a kid, and a dog were living in the spare bedroom, which explained the dog turds in the yard. As we were leaving another couple showed up, as well as 2 young girls who went in for a few minutes and then back out and yelled something at my girlfriend as we were getting into the car.

He is supposed to be out by tomorrow, his uncle has been wanting him for these reasons and I would like him out as well. I have no lease signed with him as he was already there when i took over the property. I dont think his uncle has a signed lease as well. Im not sure as how to handle this. Any advice as to where to begin? This is my only rental, as Im a wholesaler.

Account Closed · Answer

I recommend that you get a real estate attorney that specializes in landlord-tenant law and that  handles evictions in your area to help you.

Cary Trusty · Answer

I've never owned any rental properties so please be gentle! I'm curious as to why no one has suggested cash for keys here? Would there be something wrong with notifying the tenant about a planned eviction and explaining instead of being evicted, they could take a few hundred dollars and leave?

It seems to me you take the hit now or over the new few months waiting for the eviction to process, for them to actually leave, and repair the unit as I'm sure it at least needs some heavy cleaning from the description of the living conditions provided.

Good luck!

Derek Gendig · Answer

@Pedro Oliva the most important thing is to remain within the boundaries of the law.  You may want to work with a local PM that has experience in such situations.  In order to evict, you do need to evict even if there is no lease in place, appropriate notice must be sent to the "tenant" and procedure must be followed.  Even after the eviction process is complete, you or whomever you hire to complete the eviction for you may need to utilize the services of a constable.  The constable service we use in Indianapolis not only shows up to remove any persons, they also photo document all remaining items and take them to a local storage unit.  It's tempting to just throw everything away because often times it appears as trash, but do yourself the favor and let it go to storage.  The tenant will then need to communicate with the constable and storage service providers to get there stuff and you will not be responsible for that part of it.

Best of luck!  Don't get discouraged and take it one step at a time.  There is a fine line between a mistake and a criminal act in being a landlord.

Rick H. · Answer

@Pedro Oliva Unless you'd also consider yourself a good prospect for a low cost, do-it-yourself brain surgery kit, pay an attorney to complete the U/D (unlawful detainer).

These things can easily draw you into the drama and expand into a major issue in your life. The result: too much free rent in your head.

As I believe it true that what we focus on expands, you'd do well to focus on making money and doing deals than messing with the garage sale of humanity.

David Chokey · Answer

Pedro- This sounds like a far from simple and pleasant situation. I have had some rentals in the past and have inherited some tenants as I was accumulating properties. I really can't understate the importance of finding out what the tenants intentions and plans are. A lot of times they feel they are in grey area and haven't received any direction from the new landlord/ owner. I would immediately set up a meeting (offer lunch) to introduce myself and lay out my intentions for the unit and describe a responsible, respectful and benefit to the neighborhood- type of tenant I am looking for in the unit and my hopes that they are that type. I would also invite the past owner to help make the transition easier and more comfortable with the tenant.

Good luck.

David E Chokey- Key Management, LLC

How to evict this tenant? (1st eviction) Strange situation in Indiana

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