How to protect your rights as a property owner
Landlords invest considerable time and resources in their rental properties, and they expect their tenants to hold up their end of the bargain. When a tenant doesn’t meet their responsibilities, the landlord has recourse through the eviction process. However, because you’re dealing with someone’s housing, the process of evicting a tenant has multiple steps, and a single mistake can force you to start the whole process over again.
While the eviction process in Indiana varies somewhat by county, in general, you can expect to follow the same legally required steps. Here’s what landlords need to know.
First, you must provide notice of the reason for the eviction
If you need to evict a tenant before their lease or rental agreement is up, then you have to provide notice of the reason. In most cases, the reason is either non-payment of rent or some other violation of the lease (such as unauthorized pets). Either way, you need to provide notice:
- If evicting for non-payment of rent, you must give the tenant a 10-day notice period to pay their outstanding rent or comply with the notice requirements outlined in the lease agreement. If they haven’t paid by the end of the 10-day notice period or the time specified in the lease, then you can file an eviction lawsuit.
- If evicting for a violation of the lease or rental agreement, you must provide a notice to cure or quit. This gives the tenant a reasonable time to fix the violation or move out. Again, if they don’t fix the violation within a reasonable time, you can file an eviction lawsuit.
The specifics of the notice requirement vary depending on the type of lease. The legal process to actually provide this notice to the tenant can also be tricky. That’s why it’s best to have legal representation from the beginning.
Filing an eviction lawsuit
If the tenant has received proper notice and has not paid their rent or fixed the lease violation (as applicable) within the time provided, then you can move forward with an eviction lawsuit. This requires filing formal legal documents with the court, including a summons and complaint. A court official then must “serve” these documents on the tenant. The eviction will then be scheduled for a hearing, the timing of which varies depending on the reason for eviction.
The eviction hearing
In an eviction hearing, the burden of proof is on the landlord. That means you need evidence to prove your case, which may include a copy of the lease, rent receipts and ledgers, bank statements, photo or video documentation of lease violations, witnesses, or correspondence with the tenant. The tenant can also bring evidence to support their side of the story. There are several defenses available to tenants under Indiana law, depending on the circumstances.
If the tenant does not show up to the eviction hearing, then the court will usually issue a default judgment in the landlord’s favor. Otherwise, the judge will hear evidence from both sides and decide whether to grant the eviction or dismiss the case.
Note that at any stage in the process, you can also work out a settlement with the tenant. A court will normally honor an agreement between the landlord and the tenant as long as both sides know what they’re agreeing to and the agreement isn’t obviously unjust.
Reclaiming possession of the property
If the judge rules in your favor, the court will issue a “Writ of Execution” within a few hours to a few days. The writ gives the tenant either 48 or 72 hours to vacate the property.
If the tenant refuses to leave within that time, only the sheriff can remove them by force. Landlords cannot use force to evict tenants themselves. You must also get a court order to remove or dispose of any belongings left behind by the tenant.
Talk to an experienced real estate attorney about your rights
Again, landlords have rights when tenants don’t pay the rent or otherwise violate the terms of their leases, but you need to go through the legal process to protect those rights.
An experienced real estate attorney can guide you through the process, ensuring that all deadlines are met and all documents are filed and served properly. We can also represent you in negotiations with the tenant to work out a solution and, if necessary, fight for your rights in court.
If your tenant isn’t paying their rent or otherwise violating their lease, see how our Indianapolis real estate lawyers can help. Give us a call or contact us online today.
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