Eviction Process (by Linda [IN]) May 3, 2014 8:52 AM
Eviction Process (by Kyle [IN]) May 3, 2014 10:36 AM
Eviction Process (by BRAD 20,000 [IN]) May 5, 2014 12:11 AM
Eviction Process (by Linda [IN]) May 5, 2014 4:39 PM
Eviction Process (by Linda [IN]) May 5, 2014 4:44 PM
Eviction Process (by Kyle [IN]) May 6, 2014 7:23 AM
Eviction Process (by tim [IN]) May 6, 2014 5:20 PM
Eviction Process (by Linda [IN]) May 6, 2014 6:08 PM
Eviction Process (by Linda [IN]) May 6, 2014 6:14 PM
Eviction Process (by BRAD 20,000 [IN]) May 6, 2014 7:18 PM
Eviction Process (by Linda [IN]) May 6, 2014 7:26 PM
Eviction Process (by Linda [IN]) May 6, 2014 7:29 PM
Eviction Process (by BRAD 20,000IN [IN]) May 6, 2014 7:33 PM
Eviction Process (by BRAD 20,000 [IN]) May 6, 2014 7:36 PM
Eviction Process (by BRAD 20,000 [IN]) May 6, 2014 7:42 PM
Eviction Process (by BRAD 20,000 [IN]) May 6, 2014 7:47 PM
Eviction Process (by tim [IN]) May 7, 2014 4:22 AM
Eviction Process (by Linda [IN]) May 7, 2014 10:22 AM
Eviction Process (by Linda [IN]) May 7, 2014 10:24 AM
Eviction Process (by Linda [IN]) May 7, 2014 10:28 AM
Eviction Process (by Linda [IN]) May 7, 2014 11:00 AM
Eviction Process (by Linda [IN]) May 7, 2014 11:17 AM
Eviction Process (by Kyle [IN]) May 7, 2014 1:56 PM
Eviction Process (by Linda [IN]) May 7, 2014 2:25 PM
Eviction Process (by BRAD 20,000 [IN]) May 7, 2014 8:51 PM
Eviction Process (by Linda [IN]) May 8, 2014 4:00 PM
Eviction Process (by BRAD 20,000 [IN]) May 8, 2014 10:51 PM
Eviction Process (by jam [AL]) May 9, 2014 7:26 AM
Eviction Process (by Linda [IN]) May 9, 2014 4:53 PM
Eviction Process (by BRAD 20,000 [IN]) May 12, 2014 8:53 PM
Eviction Process (by Linda [IN]) Posted on: May 3, 2014 8:52 AM Message:
State Specific Question About: INDIANA (IN)
How long does the eviction process take in Indiana?
The hearing is on May 8th. How long do they have before they have to give up possession of the house? --168.91.xxx.xxx |
Eviction Process (by Kyle [IN]) Posted on: May 3, 2014 10:36 AM Message:
The timeline will vary by judge. My judges will usually order possession for 2 to 6 days from the hearing (I have seen one judge put it out a couple months in unusual circumstances).
If they are not out on the date the judge ordered, you will have to schedule a forced move out with the sheriff or constable. When I have scheduled this, it is usually 2-3 weeks out. Most tenants will move either before the court date or before the possession date. Very few will stay until the forced move out. --68.46.xxx.xxx |
Eviction Process (by BRAD 20,000 [IN]) Posted on: May 5, 2014 12:11 AM Message:
Linda,
Court can only GIVE you what you ASK.
We ASK in writing for a specific date, usually 4-5 days to hit the weekend after the hearing.
MY judge accepts that if no one complains. If they do, he rounds it up to 7 days.
MY judge will go 14 days if they have children and whine a little.
"We respectfully request possession on May 13 due to non-payment of rent."
NOW is the time to work out an agreement with them. Put it in writing with the date showing the day AFTER court.
Go visit them and talk calmly. Some crazy Indiana judges will give them another 30-60 days.
ANYTHING you work out wil be better than taking a chance in the courtroom.
MANY renters are afraid of court and will do anything to avoid it. Some owe back child support and knwo they wil be arrested if they walk into the courthouse. Use this to your advantage.
Nothing lost if they won't agree.
Million dollar tip: If they do not show, DO NOT tell the judge they are gone. Your next step is to serve them for the damages hearing and if you tell the court they are gone, you cannot serve.
BTW: Do you have service?
--67.175.xx.xxx |
Eviction Process (by Linda [IN]) Posted on: May 5, 2014 4:39 PM Message:
She does owe back child support. The judge ordered that she now owes her ex $50 per week. That was signed last week. Probably no arrest warrant out on it yet. --64.134.xxx.xxx |
Eviction Process (by Linda [IN]) Posted on: May 5, 2014 4:44 PM Message:
Well She does have kids but only 1/2 the time. And No they are not people I can work with. I only pray the judge does not give them the 30 to 60 days. Esp the 60 and I will just have to go to court to have their wages garnished. His and when she gets a job, hers. Plus I will turn her in for unemployment fraud. but also I do plan to show the property even when they are living there, I think she will try to lock the glass screen door. I plan to just take that off since it still leaves her with a locked and bolted door which I have keys to. But they are major pains and no not workable at all. She did try to pay but after the fact. I just got tired of all her games. Plus they lied majorly on their rental app. But I can't find it now :( Not sure if I need it though since I filed of repeated late rent. --64.134.xxx.xxx |
Eviction Process (by Kyle [IN]) Posted on: May 6, 2014 7:23 AM Message:
I would recommend waiting until after they are out to do showings. If the tenant doesn't want you doing showings, the inside may not look presentable, and you don't want to keep pushing the tenant. Just wait until they are out. You can run an ad, but let people know you will not be showing it until MM/DD. --68.46.xxx.xxx |
Eviction Process (by tim [IN]) Posted on: May 6, 2014 5:20 PM Message:
Brad- doesn't your court issue the possession and damages hearing at the time of filing? Mine does. --67.236.xxx.xxx |
Eviction Process (by Linda [IN]) Posted on: May 6, 2014 6:08 PM Message:
Tim,
what is the possession and damages hearing? I assume possession is just when the judge says they need to be out. But I thought for damages, etc I have to wait and see..also go to court again for the rent they have not paid while living there now. I'm sure they will squat as long as they can. I just hope the judge evicts b/c they were 6 days late last month and 6 days late this month (tried to pay but I filed before she could pay me because I want them out. She and he also have been nothing but headaches. She is going to tell the judge I wouldn't accept her late rent. But I'm going to tell the judge that rent was never presented to me which it wasn't. She told me on the phone I had to give her 10 days. She sent it certified and had I been home it would have been 6 days late and on a Sat. afternoon so I wouldn't have been able to cash it. Got it 8 days late from the post office on a Monday. I shouldn't have to put up with that. 8 days late in February. They have only been on time twice. Of course paid to get into the place that was on time. And then they were on time Feb because they got their taxes. but they now have 3 pets and they are supposed to just have a cat. Also they put a satellite on the house. I don't remember there being one there. But she said they just took the old one off and put the new one right where the old one was. But shouldn't matter my lease says she can't make any additions etc without my consent. I should take my ladder over there tomorrow to see just how many holes there are in my roof. --64.134.xxx.xx |
Eviction Process (by Linda [IN]) Posted on: May 6, 2014 6:14 PM Message:
Also I discussed with her prior to rent due on 4/20 that she wanted out of her lease and I told her yes I would and for her to let me know when she found a place. Then when I texted her and asked her where the rent was on 4/23 and did she find a place she didn't get back to me ..texted on 4/24 and said no we haven't had time and she would pay me on 4/25.(yeah right...no one wants them is more like it). So I texted her and said I wasn't accepting her late rent. On the 25th no contact from her. I texted her that she needed to call me..she never answers her phone. She did and I said i'm filing and she said no you refused the rent. And I told her that her rent was due on the 20th, it is now the 25th. Her response was No you have to give me 10 days. I then filed. Really sick of her and why should I have to chase the rent down and put up with her....there is more to this story as you can imagine. --64.134.xxx.xx |
Eviction Process (by BRAD 20,000 [IN]) Posted on: May 6, 2014 7:18 PM Message:
Linda, My head is spinning. You are focusing on the wrong parts of this problem which will hurt you in court.
Court is NOT about stories and troubles. It is about ONE thing: LL asking for possession based on non-payment of rent.
1. What county are you in?
2. Do you have "service" - did your resident receive written notice to appear in court? Call the court TODAY and ask. If no service there is no hearing and YOU lose more time.
Make a copy of your court order (SUMMONS TO APPEAR) and go in the daylight and tape it to her door.
Take a picture to prove it was there.
Print this picture for court.
3. Make a simple typed list of what she owes. Hand it to the judge and read it aloud.
"We are requesting possession on May 14 based on non-payment of rent. I'm just a part time landlord and cannot afford to let them stay any longer than this.
There are no children on the lease.
Unpaid Rent:
Jan $500
Feb $500
Unpaid Late Fees:
Jan $150
Feb $150"
Attach the lease.
Make 3 copies for court - you, res, judge.
--67.175.xx.xxx |
Eviction Process (by Linda [IN]) Posted on: May 6, 2014 7:26 PM Message:
But she is going to say that she "tried to pay me" and we did have a discussion. But I'm going to tell the judge she never presented me with a check on the 25th. She told me I had to give her 10 days to pay. She sent the check on the 26th and had I gotten it that day it would have been a Saturday so wouldn't have been able to cash til monday the 28th (8 days late)
The children are not specifically on the lease. But I have on there that no more than 4 persons can live there. So I knew the children would live there half time.
They were served I did check on that. And she is going to show up and say she tried to pay me and I am unreasonable and have harassed her etc.
So I'm concerned the judge will rule in their favor or give them tons of time b/c she will tell him she has the children and one is autistic. (Although her ex said he is not). And they can live with their father he is pet. for custody anyway and has half time.
There were other breaches of the lease. I gave her a pay or quit notice last month b/c she owed me for a water bill that she didn't get put into her name and also for the rent. She paid both 6 days late. --64.134.xxx.xx |
Eviction Process (by Linda [IN]) Posted on: May 6, 2014 7:29 PM Message:
Her rent is due on 4/20. She said she would pay me on 4/25 I told her I was filing and I did. She tried to pay cert. mail I would have rec'd 6 days late and unable to cash due to being a saturday. I picked up the cert. letter on 4/28. I returned the check to her and put a note with it. She did take it off the door. I waited and saw someone do it. I mean she signed a lease that rent is due on the 20th. I'm going to tell the judge that. Thanks! --64.134.xxx.xx |
Eviction Process (by BRAD 20,000IN [IN]) Posted on: May 6, 2014 7:33 PM Message:
Tim,
My judge says if he sets the damages hearing BEFORE ruling on the EVICTION hearing, he is PRE-SUPPOSING the outcome of the eviction hearing. --67.175.xx.xxx |
Eviction Process (by BRAD 20,000 [IN]) Posted on: May 6, 2014 7:36 PM Message:
Linda,
If you fail to follow my directions and leave it up to the judge to decide a date, yes, he/she can set it out 20, 30 60 days. Been there.
The judge can do that even when you DO ask fro a certain date, but at least you asked.
If they do not show, you win automatically.
MANY leave the night before court but don't tell the judge.
--67.175.xx.xxx |
Eviction Process (by BRAD 20,000 [IN]) Posted on: May 6, 2014 7:42 PM Message:
linda,
According to Indiana law, the LL is not required to ACCEPT payment.
Note: If you accept it you will halt the eviction.
Know that a CHECK is seldom "good" at this point. Call the bank and verify the funds. My guess is it's bad.
Put the check in an envelope, seal it shut, and take it to court with you.
If she brings it up, sow it to the judge and tell him you have not cashed it, not accepted it, and will gladly return it if the court orders.
--67.175.xx.xxx |
Eviction Process (by BRAD 20,000 [IN]) Posted on: May 6, 2014 7:47 PM Message:
Sorry, Posts are coming in while I'm typing my reply!
In Indiana, there are 2 hearings
1. Possession Hearing (eviction). The only important thing is Did they pay and When can they be out?
2. Damages hearing. State law requies this to be 60 days after the possession hearing but not all judges follow that.
Basically, when they are out, you take pictures and make up a bill for the repairs. You present that at the DAMAGES hearing and look for a judgment in a dollar amount.
The court will allow 30 days for them to pay.
Getting your money is an entirely different topic.
--67.175.xx.xxx |
Eviction Process (by tim [IN]) Posted on: May 7, 2014 4:22 AM Message:
My judge sets both dates. I haven't seen her go against a landlord yet. Seen some ugly cases, but still ruled in landlord favor. The damages hearing, she is not so good to the landlord. Turns almost pro tenant then.
Linda- at the first hearing, focus on the late payments. That is all that needs to be said. Judge doesn't care about the rest. Talk to the point and don't ramble. I would encourage you to get there early and watch other cases. --67.236.xxx.xxx |
Eviction Process (by Linda [IN]) Posted on: May 7, 2014 10:22 AM Message:
Ok Thanks! Yes I can be good "on my feet" as I have a masters degree. I intend to be prof. and to the point. She is going to wine and wine. I have documentation and copies of late rent checks. Also water bill and electric she paid to me that were to be in her name. ( I want the judge to know that she breached the lease more than once)
I think they will stay as long as they can. Right now they are 2 months behind on their water bill. I also have a copy of that.
So what do you suggest as a date that I request them to be out? Court is tomorrow the 8th. Can I request as early as May 12th?
Thanks --168.91.xxx.xxx |
Eviction Process (by Linda [IN]) Posted on: May 7, 2014 10:24 AM Message:
Also while there are no childrens names spelled out in the leas I do have that no more than 3 (four persons) It was a typo.... can be living there.
Should I put no children on the lease or just leavae that part off of the letter? I already returned the check to her on 4/29 with a letter stating I received in on 4/28 and already filed an eviction. They were served on 4/28. If they (both) don't show up do I win the case?
Thanks! --168.91.xxx.xxx |
Eviction Process (by Linda [IN]) Posted on: May 7, 2014 10:28 AM Message:
my concern then is the time he might give them. Bc she has 50/50 custody right now but that is in dispute.
But no there names are not on the lease, but yes I knew they would be there part time.
Should I say "no children are on the lease" well no not technically...
thanks --168.91.xxx.xxx |
Eviction Process (by Linda [IN]) Posted on: May 7, 2014 11:00 AM Message:
Also one more thing :) You guys have been so helpful and I'm feeling better about the whole process!
Do you think I should bring up that she is 2 months late now on her water bill. (because I will be responsible for the sewage if she doesn't pay me) I have the checks she made out to me b/c she didn't have the water or electric changed into her name like she was supposed to have when she moved in.
Thanks Again! --168.91.xxx.xxx |
Eviction Process (by Linda [IN]) Posted on: May 7, 2014 11:17 AM Message:
Also do I ask for a damages hearing or does the judge just set the date? --168.91.xxx.xxx |
Eviction Process (by Kyle [IN]) Posted on: May 7, 2014 1:56 PM Message:
Stick to unpaid rent. Don't worry about children on the lease.
Usually the judge asks if you would like a damage hearing. If the judge doesn't bring it up, you should ask for one. --68.46.xxx.xxx |
Eviction Process (by Linda [IN]) Posted on: May 7, 2014 2:25 PM Message:
Ok thanks. Its just that she will bring up she has children in the home ......but she only has them 50/50...so they could live with their dad. --168.91.xxx.xxx |
Eviction Process (by BRAD 20,000 [IN]) Posted on: May 7, 2014 8:51 PM Message:
Linda,
Date: too soon and the judge will ignore it.
Ask for possession in approx 6 days.
"On your feet" is a HUGE HUGE amateur mistake. ONE wrong word can ruin your case and cost you thousand$$$.
Court is NOT about right or wrong, not about logic or common sense. It is about rules, procedures, and laws which you know nothing about. This will be a great learning experience for you. Follow your coaches instructions to the T!!
Like I've written several times here, submit your request in writing and be quiet. The law is on your side on this one. The more you say the more likely the judge will give her more time.
Let the res rant and rave. Just look down at your papers and don't get drawn into an argument. Judges HATE the ranting and complaining. YOU be the one who is calm, organized, and reasonable. --67.175.xx.xxx |
Eviction Process (by Linda [IN]) Posted on: May 8, 2014 4:00 PM Message:
Ok so here is what happened and I am ok with it BC now if she is even one day late her a it out. I will file the day after rent is due and get her out much quicker. I did not get possession, but I got the $975 rent today and deposited it. The judge told her that she can't be late again and if she is I can file.
So that means (even a day late is how I'm taking it because she has been for warned) I asked for court costs, they were $104 and they are payable in 30 days by her. So basically I won. And it works for me b/c if I want her out next month I can do it right after the rent is due get a court date quickly and she has less time then to squat where as the judge could have given her 30 days and I would have been out easily 2 months rent.
I'm thinking I need to write her notice that the court costs are due in 30 days from today's date.??? any suggestions on this thanks guys! --192.168.xx.xx |
Eviction Process (by BRAD 20,000 [IN]) Posted on: May 8, 2014 10:51 PM Message:
Linda, Glad to hear it worked out well! Court is always a chance for things to go sideways. You case did not go as planned but it worked in your favor. Yay!
Good example of how I teach Wanna be RIGHT or RICH? You got the money you wanted so this is good.
"Deposited" her rent - cash or a check that can bounce? (checks can take 21 days to bounce)
Did that include May's rent? Is she totally paid up?
Again, court is not about what you THINK it's about the law and the judge.
The law says if you accept her payment he cannot rule to evict. He followed the law.
I know you think the judge did you a great favor, and I AM very happy for you :) :), but the judge simply stated basic Indiana LL/T law when he said you can file for eviction THE DAY the rent is late.
That will be a fresh filing and fresh case. You'll still have to wait for a court date and he can give her XX days at that hearing.
Court costs: did the judge WRITE this on the order? Unless he accelerated the process, you'll need the second damages hearing to get a written judgment for the fees.
--67.175.xx.xxx |
Eviction Process (by jam [AL]) Posted on: May 9, 2014 7:26 AM Message:
Linda, it sounds like it's also time for the ” Allocation of Rent Clause” to be added to your lease if not already. No money should ever be allocated to present month's rent until all previous monies owed have been paid (example: unpaid water bill, damages/repairs, past due rent, etc. are allocated first any additional monies would them be applied toward rent now due. Rent would then be late if everything else is not paid. --172.56.xx.xxx |
Eviction Process (by Linda [IN]) Posted on: May 9, 2014 4:53 PM Message:
Judge didn't let me say No. He just said he wouldn't grant possession which is fine by me b/c I was thinking next time I will file right away so that she doesn't get to remain there rent free as long and having been to court once on this will give me leverage. He told her its my right not to accept late rent and in the future she can't be late.
So I'm happy with it. Shes paid up on everything. I did have an account where she banks and money was dep. right away but closed b/c I didn't want her late money going in there as she has just dep. the money on two occasions. But it does help in getting the money right away. i thought the bank could tell me if the check is good? --192.168.xx.xx |
Eviction Process (by BRAD 20,000 [IN]) Posted on: May 12, 2014 8:53 PM Message:
Linda,
You've learned a lot and it did not cost you anything except some time! Congrats! Lessons like this are usually expensive!
Legally, each case is judged individually so this case will have no bearing on a future eviction case. This case is closed. (unless you filed a continuance) There is no legal "leverage".
BUT...
judges remember so if this comes back to the court soon he/she might remember you and/or the resident.
Checks: it can take 21 days plus mail time for a check to bounce. She might have written you a bogus check.
Even checks written on your bank by the res and depsoited in your bank can "look OK" when presented yet bounce later. Been there.
--67.175.xx.xxx |
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