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  1. #1
    Join Date
    Oct 2005
    Location
    indiana
    Posts
    1

    Default eviction notice

    In the state of Indiana, does a pay or quit premises mean you are leagally evicted from your home/apartment? My roommate took our rent money is lost it gambling. Thus, I was unable to pay rent and recieved a 10 day pay or quit noitce. I have still not found another apartment. Do I have to move out now, or does the landlord need to file a eviction request with the court first?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Eviction Law in Indiana

    According to Student Legal Services at Indiana University, the landlord must bring a legal action:
    Quote Quoting Indiana Eviction Law
    Eviction Suit

    If your landlord decides to try to evict you, he or she must go to court and file a "complaint for eviction." This is usually filed in small claims court. You will be served with a copy of the complaint. It may be sent by certified mail or the sheriff may deliver it to you or leave it at your residence. The complaint will state the reasons eviction is being sought and the amount of money claimed, and will set a date for you to appear in court. You should get at least five days notice before the hearing. If you do not, you may ask the court for a continuance. Often, the suit will be dismissed if the rent owed, together with any late fees due and court costs, is paid before the court hearing. Be sure to go to court at the scheduled time! This is your opportunity to present any defenses to the landlord's claim. If at all possible, consult SLS as soon as you receive the court papers. Even better, consult SLS before receiving papers if you think they're going to be filed.

    Eviction trials are often conducted in two parts. The first hearing, called the eviction hearing, is simply to determine whether you should be ordered to leave the apartment. A second hearing, to determine whether you owe the landlord money, and if so, the amount, is usually held at a later date. If you have already moved out of the apartment by the date of the eviction hearing, however, the judge may go ahead and hear evidence on the issue of money.

    owed ("damages" in legal jargon) at that time. At the eviction hearing, the landlord will first present evidence about your alleged breach of the lease. You or your attorney will have a chance to question the landlord about his or her case. Next, you will be given the opportunity to present evidence as to why you should not be evicted. If you have documents, photos, or any other information that shows that you did not violate the lease or, if you did, that the violation was minor, be sure to bring it with you to the hearing. You can also bring witnesses. If a witness is reluctant to come to the hearing, but you think he or she has important information, the clerk's office can help you subpoena the witness. If the judge orders that you should be evicted, you will probably be given a few days in which to move. Because you won't have much time to find a new place, begin looking for one the moment you think eviction is a possibility. Even if you are evicted, you can still minimize the amount of money you are required to pay the landlord by cleaning the rental unit and following the joint exit inspection procedure described earlier in this pamphlet. Document the condition of the apartment with photographs or have a disinterested party look at it, to avoid being hit with excessive cleaning or repair charges at the damages hearing.

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