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I am wanting to evict a tenant. The tenant pays rent on

Customer Question
I am wanting to...

I am wanting to evict a tenant. The tenant pays rent on time, but otherwise is total dirt bag. The man is a convicted child molester, convicted thief and is a total nuisance to the neighborhood. He has harassed a neighbor (not in my apartment complex) to the point that they installed a privacy fence to keep the guy out of their yard. He has had the sheriff called on him due to another tenant having all of his tools stolen. The other tenant was not able to prove it was him though. He has brought in bed bugs (he was infested) and gave them to another tenant . I had to get both apartments treated. And he has now harassed another tenant, sexually propositioning her. I want him gone. Can I get him evicted based on these things? Unfortunately he pays his rent on time. Thanks

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Indiana

Lawyer's Assistant: Has any paperwork been filed?

I have the bug inspection and treatment paperwork and the sheriff report from the theft case.

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
11/27/2017
Real Estate Lawyer: legalgems, Arbitrator replied 6 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,339
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 6 months ago

I am sorry to hear this;

was there any misrepresentations on the lease application?

Is there proof the tenant was responsible for bed bugs; if so did that tenant pay for extermination if requested?

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Customer reply replied 6 months ago
There is no history of bugs prior to him arriving.and yes, he sa I'd he was employees and he is not.
Customer reply replied 6 months ago
They did not pay for treatment.
Real Estate Lawyer: legalgems, Arbitrator replied 6 months ago

Thank you;

The tenant can be liable for payment of extermination fees if the landlord can prove the infestation was caused by that tenant. If so the landlord may serve a 10 day notice to quit or cure.

The only time no notice is required is when the tenant is committing waste- ie damage to the property; in which case the landlord can bring a motion for Immediate possession.

https://www.in.gov/isdh/files/Tenants_Rights_doc.pdf

If the tenant harasses other tenants so that it interferes with the other's quiet use and enjoyment, the landlord can provide the notice to quit or cure in regards ***** ***** behavior. If the tenant fails to remedy their actions then they can be evicted.

Another grounds for immediate eviction is if another tenant gets a restraining order-but that tenant would need to request a move out order due to proximity of living conditions so that is beyond the landlord's control unfortunately.

So essentially until the lease is expired, the tenant is entitled to remain in possession unless the landlord can prove a breach of the lease or nonpayment of rent.

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Customer reply replied 6 months ago
Okay. I bought the apartments six months ago and the tenant was already there with signed lease from the previous landlord. Is that lease still binding? Can I raise there rent?
Real Estate Lawyer: legalgems, Arbitrator replied 6 months ago

The purchaser of a building takes the land subject to the existing leases; once the lease expires the terms of the lease no longer apply and the landlord may raise rent accordingly.

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Real Estate Lawyer: legalgems, Arbitrator replied 6 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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