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Old 10-04-2013, 09:56 PM
 
Location: Osceola, Indiana
6 posts, read 31,369 times
Reputation: 15

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Hi, I'm new here, and I actually have a question. How do I start a new post? I don't really have a reply for this particular one, but my mom wants to kick my older sister out of the house, and I've been told two different things by different individuals--that we can write up a 30 day eviction notice, have it notarized by a notary public and serve her with it, or go to court. We have had to call the police on her twice already, and we have only lived here for 3 years. My mom, who is 82, has been diagnosed with early onset dementia, and my sister is so abusive to her--emotionally and verbally. My sister is always saying things to my mother like: I'll be glad when you're dead! or If I had a gun, I would shoot you! or You're not my mother; I don't have a mother anymore! She's always insulting my mother, and she gets on her about the littlest things, like why are you looking at your mail, Mom? Why do you cut your steak like that? You hold your fork like a baby. Stuff like that. And my Mom is afraid to discipline her. My Mom owns the house we live in and she took my sister in three years ago, when she got fired from her job. But my sister has never behaved as though she were thankful or grateful for anything my Mom does for her. The cops say we can't kick her out without going to court, but I feel we are in a desperate situation. I'm afraid for myself and my Mother. My sister has also threatened to kill me in the past. I don't know what we are allowed to do. Does my Mom have to keep living like this? I know I can't. It's gotten to the point where I want to go to a homeless shelter, because of all the fighting at home. Can we evict her without going to court? My Mom can't afford to hire an attorney; she just got out of a bankruptcy, and she took on a new mortgage 3 years ago. Please, I hope someone has a good answer for me about this situation. Thanks.
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Old 10-05-2013, 02:51 AM
 
2,156 posts, read 5,491,199 times
Reputation: 1572
Quote:
Originally Posted by SuGi54 View Post
Hi, I'm new here, and I actually have a question. How do I start a new post? I don't really have a reply for this particular one, but my mom wants to kick my older sister out of the house, and I've been told two different things by different individuals--that we can write up a 30 day eviction notice, have it notarized by a notary public and serve her with it, or go to court. We have had to call the police on her twice already, and we have only lived here for 3 years. My mom, who is 82, has been diagnosed with early onset dementia, and my sister is so abusive to her--emotionally and verbally. My sister is always saying things to my mother like: I'll be glad when you're dead! or If I had a gun, I would shoot you! or You're not my mother; I don't have a mother anymore! She's always insulting my mother, and she gets on her about the littlest things, like why are you looking at your mail, Mom? Why do you cut your steak like that? You hold your fork like a baby. Stuff like that. And my Mom is afraid to discipline her. My Mom owns the house we live in and she took my sister in three years ago, when she got fired from her job. But my sister has never behaved as though she were thankful or grateful for anything my Mom does for her. The cops say we can't kick her out without going to court, but I feel we are in a desperate situation. I'm afraid for myself and my Mother. My sister has also threatened to kill me in the past. I don't know what we are allowed to do. Does my Mom have to keep living like this? I know I can't. It's gotten to the point where I want to go to a homeless shelter, because of all the fighting at home. Can we evict her without going to court? My Mom can't afford to hire an attorney; she just got out of a bankruptcy, and she took on a new mortgage 3 years ago. Please, I hope someone has a good answer for me about this situation. Thanks.
As long as your mother owns the home and there was no legal lease drafted between her and your sister, all it will take is a police call from your mom to get her out.
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Old 10-05-2013, 06:15 AM
 
4,899 posts, read 6,223,846 times
Reputation: 7472
Since the police were called to the home and she threatened your mother - file an order of protection in the city you reside
in. That can be your first step. Seek legal help which can be offered for free through your county's and state agencies.

Area Agencies on Aging

Untitled Document
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Old 10-05-2013, 01:01 PM
 
Location: Osceola, Indiana
6 posts, read 31,369 times
Reputation: 15
To Northwest Indiana--no, there is no legal lease between my mother and my sister, but we all live in a mobile home park, and we all may have signed a lease for the park--I can't remember if my sister's name is on it or not. To baileyvpotter--the two times we called the police, they never acted like they wanted to arrest her or anything--even though I told them the things she said to my mother--and they told us we would have to go to court to evict her. I've tried the legal agencies up here and no one seems to want to help us. I'll try again though. Thanks for all your advice.
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Old 10-05-2013, 02:20 PM
 
Location: Edmonds, WA
8,975 posts, read 10,208,043 times
Reputation: 14252
Your number one priority should be to find out whether she is on the lease. If she is then you're in a much more complex situation and it doesn't matter that there isn't a contract between your sister and your mother. Just call whomever is managing the leases for the park. If she isn't on the lease you need to call the police and tell them she is on the property without permission. File a restraining order if need be. Don't say you want to evict her if she isn't a tenant. If she isn't a tenant on a lease then she has no status other than someone your mother has allowed to stay on the premises.

Last edited by Bluefox; 10-05-2013 at 02:28 PM..
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Old 10-05-2013, 02:31 PM
 
Location: Edmonds, WA
8,975 posts, read 10,208,043 times
Reputation: 14252
Also does she pay your mother any amount in rent say on a monthly basis?
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Old 10-08-2013, 09:33 AM
 
Location: Osceola, Indiana
6 posts, read 31,369 times
Reputation: 15
To Bluefox--she doesn't pay any rent to my mom, but she does pay the electric bill (with complaint), but that's because my mom told her she had to pay something if she wanted to stay here.
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Old 10-08-2013, 10:00 AM
 
4,899 posts, read 6,223,846 times
Reputation: 7472
You and your mother should both file an order of protection since she is abusive. Link provided below.
Most likely that would be done through the police department or the county. If an order is granted
and it seems there would be no reason it should be denied (due to your mother's condition/disability)
she would be told when to leave and escorted out of the home (as well as not being able to get
within so many feet of her)by the police.

http://www.in.gov/judiciary/selfservice/2352.htm
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Old 10-09-2013, 03:55 PM
 
Location: Osceola, Indiana
6 posts, read 31,369 times
Reputation: 15
To baileyvpotter--I did go to the office today, and found out that neither me nor my sister is on the lease. The park manager said that my mom and the man she pays the mortgage to are the only ones on the lease. My sister and I are only occupants--people my mom has allowed to live with her--so technically, she can kick either one of us out at any time, but she should probably give the person a 30 day notice (notorised) just to be safe. But, she said that my mom would not have to go to court, so I guess that answers our question. Now, mom knows this--she said she just has to decide if she wants to actually proceed or not. Thanks for all your help.
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