Unwell Mother attempting to evict us

[Rowanoak]

Jurisdiction

Indiana

my mother owns the house we live in, and we pay her rent. She live in New York State. She is mentally unstable and has been in a mental ward at least twice in the past 6 years for being dangerous to herself and others. Last year she tried to evict us because I sided with my husband in a minor argument instead of her, and with her recent behavior I'm afraid she is gearing up to try again. We have kept up with the rent for over a year, as well as paying for the upkeep of the house, all utilities, etc. we did sign a rental agreement with her last July and have stuck to the letter with what it requires.
If she tries to evict us again, do we have any legal recourse? I am terrified she will become violent

 

[Gail_in_Georgia]

A landlord cannot evict anyone; only a court can grant an actual eviction. The landlord can BEGIN the process of eviction but they must have a reason to do so. If you have been paying your rent on time and have not breached any clause in your lease then there is no legal reason for a court to grant an eviction request by a landlord.
You mention having signed a lease agreement last July. I'm assuming this is a year lease; correct?

Gail

 

[ElleMD]

For starters I would arrange housing not owned by an unstable relative, especially a parent. As a parent she has lots of other ways to make things difficult for you which does not require courts. It really isn't clear that she is even trying to have you evicted at this point so there is nothing you can do. You can't head off her filing for eviction, if she even bothers. You can dispute it in court but again, your best bet is to find housing elsewhere.

 

[adjusterjack]

If she tries to evict us again, do we have any legal recourse? I am terrified she will become violent

The bottom line here is that if she wants you out she will get you out.

I realize this is your mother you are dealing with but since the situation is apparently toxic you'd have to be fools to stay there beyond the expiration of the current lease no matter how financially beneficial the situation is to you.

You're adults. Stop relying on family for support. No good ever comes of it. Go out and make it on your own.

 

[Rowanoak]

The bottom line here is that if she wants you out she will get you out.


You're adults. Stop relying on family for support. No good ever comes of it. Go out and make it on your own.

Don't be rude-everyone needs help sometimes and you don't know the situation we were in to be forced to accept her help in the first place.

TRUST me, we are doing everything in our power to find a place and get out from under her thumb, I am just worried about being homeless if she acts up before we are financially able to do so.

 

[Rowanoak]

A landlord cannot evict anyone; only a court can grant an actual eviction. The landlord can BEGIN the process of eviction but they must have a reason to do so. If you have been paying your rent on time and have not breached any clause in your lease then there is no legal reason for a court to grant an eviction request by a landlord.
You mention having signed a lease agreement last July. I'm assuming this is a year lease; correct?

Gail

It ends in June and she has threatened to sell the house if we don't buy it from her. We are in the process of getting a Home elsewhere, but unexpected medical expenses (I had a heart attack) put us behind financially again, so we aren't where I hoped we'd be by the time the lease was up.

 

[ElleMD]

If she wants to sell the house, she may. It is her house. If she sells it, you may well have to move, like it or not.