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I have rental house in New Albany, IN. Joint lease. Husband…

Customer Question
I have rental house...

I have rental house in New Albany, IN. Joint lease. Husband moved wife died while in process of moving. Husband was to move property over a week ago but it is still there. Can I move the property to a storage unit?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Posted 10 day notice to vacate due to non payment of rent by 2 1/2 months. Posted notice to enter property for inspection and entered property and spoke with wife. She asked for an additional week to vacate which I granted. She died 2 days before she was to be out. Husband told me died and asked for a key to move out the remaining property a week ago last Monday. I have tried to call him but no answer and no voice mail set up. The remaining property has not been moved. The lease states that if the property is unoccupied for 15 days while rent is due and unpaid. Owner is granted the right to take immediate possession thereof and to remove property contained therein and place into storage at resident expense.

Lawyer's Assistant: Where is the house located?

326 E 13th St New Albany, IN

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Husband told me he had moved out and is living in an apartment in Jeffersonville, IN. This was before she died.

Submitted: 3 months ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
4/3/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 125,999
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

At this point, since you have given the proper written notice, your next step is filing suit for eviction. You can still take possession and remove property if the unoccupied clause has been satisfied, but you still need to go through the court ordered eviction process to legally take possession of the home back and prevent him from seeking to sue you for unlawful eviction, even though the lease is on your side for taking immediate possession.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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