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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11731
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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i moved in with my boyfriend, his house, 3 months ago. We

Customer Question

i moved in with my boyfriend, his house, 3 months ago. We had a domestic battery happen last monday and now he gave me until 10am tomorrow to get out. i have no where to go and animals. do i have any rights? the only bills I paid are internet and netflix. this is in indiana
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, and Welcome, My name is Andrea and I will be glad to assist you, but need a bit more information, if you do not mind,

 

Please be kind enough to number your answers to correspond with the questions, Thank you,

 

 

1. Does your boyfriend own the house or is he renting it from a landlord ?

2. Where did you live before you moved in with your boyfriend ?

3. Were you receiving mail at your boyfriend's place and did you use that address as your residence on your driver's license and other documents ?

Customer: replied 1 year ago.

1. boyfriend owns the house and it is also in a loan modification/foreclosure procedure right now. His exwife is part owner also, but she signed a quit claim deed in july, 2013. she is the one threatening me.


2. i lived in an apartment and it flooded in june.


3. i do receive mail here I had not changed my drivers license but bank accounts, car payments, bills in general have changed to this address.

Customer: replied 1 year ago.

and it's 10am today not tomorrow.

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your kind patience,

 

Regardless of what the police officers told you, when you moved in with your boyfriend, his house became your legal residence. He did not invite you over for a "visit" and you were not there just for a "visit". When you moved in with your boyfriend, you both intended that the house woud be your residence and you, accordingly, had your mail delivered to that address. Because of this, you were not a mere visitor because visitors do not have their mail delivered to the person they are visiting.

 

Therefore, if he wants you to leave his house, he will have to treat you as a "tenant" and go through proper and legal Eviction Proceedings. This means that he cannot change the locks, put your personal property out on the sidewalk, or deny you access. He will be subject to all the rules and laws relating to actions by a landlord to remove a tenant. Do not allow him to accuse you of being a trespasser because this is not the case at all. Nor should he even attempt to deny you access to the property. Just because title to the property is in his name, does not mean that you do not have any rights. You have the rights to the use and occupancy of the property because he gave you those rights when he invited you to come live with him,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

Customer: replied 1 year ago.

is there an indiana statute that I can give to the officer?

Customer: replied 1 year ago.

the police are going to want to know where it is in the indiana landlord/tenant agreement or whatever it is called, they are going to want to see it.

Customer: replied 1 year ago.

i just spoke to the police and they told me that this is incorrect information. i'm not on the lease or mortgage so at 10am i will be thrown out. please advise.

Expert:  Andrea, Esq. replied 1 year ago.

The polce officer who gave you this misinforation, From which law school did he graduate ?

 

The police do not know the first thing about landlord-Tenant law, so they should not be advising anybody on the subject. A tenant does not need a lease. The landlord still must give the tenant Notice to Vacate and if the tenant does not leave, then the landlord must evict the tenant by commencing an Eviction Proceeding. I will get you the Indiana Statute that says this in one minute. In the meantime, while I look for the Statute section, please rate my service to you,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11731
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

he says he gets his information directly from the prosecutor. he was going to call and double check this morning and if i didn't hear back, he was correct. i didn't hear back.

Expert:  Andrea, Esq. replied 1 year ago.

He is certainly full of himself because the Prosecutor prosecutes defendants who have committed crimes. Prosecutors have absolutely nothing to do with civil actions.

 

Your rights as a tenant can be found in Indiana Code, Title 32, Article 31, cited as Indiana Code - Property §32-31, "Landlord Tenant Relations"

 

That section also states that where there is no written lease the landlord must give the tenant 30 days written notice to vacate!!! Tell that to the police officer. And, you were paying rent because you were paying part of his expenses!!!

 

Thank you for the rating, but I think I deserved "Excellent Service" because we are not supposed to do any legal research because it is too time consuming and too expensive, but I did it for you as a favor because I know how they are intimidating you with lies, m

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

Customer: replied 1 year ago.

unfortunately he says it is up for interpretation.

Expert:  Andrea, Esq. replied 1 year ago.

The only response that I have to his statement is that it appears that First, he does not know the law, does not understand it, cannot read it, and has to have someone read it for him;

 

Second, he asked you for an Indiana "Statute". (That shows that he has no concept of the law because Indiana's laws are Codified and they are called the "Indiana Code" . Nevertheless, he asked you for the Indiana law applicable here, thinking that you would not be able to come up with the relevant section, but as soon as you gave him the Title and Article of the Indiana Code, he puts another stumbling block in front of you, to trip you on something else. But, his problem is that he cannot possibly trip me up on anything.. There is nothing, and I mean absolutely nothing that can be interpreted differently, the law on this particular issue is black and white. You should ask him politely why he is saying that since the law is very clear in Landlord Tenant. And, if he does not know, then he should know that a landlord cannot throw a tenant out on the street simply because there is no written lease, nor can the landlord change the locks in an attempt to use "Self-Help", or throw a tenant's property out on the street because the law sill penalize him heaviiy if he even attempts this.

 

You may have gathered that I do not have much respect for his class of people and that is because I also do criminal defense and I have seen all too many police officers put their hand on the Bible, take the stand and lie through their teeth and because I know the facts of the case, I know that they are lying. They take it as a big joke to try to convict some poor minority kid with no record for a crime he did not commit.

 

 

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