I Received an Eviction notice

Your landlord filed the case with the court and now you have been notified. Your landlord may file an eviction based on nonpayment of rent or lease violations, such as: undisclosed occupants, undisclosed pets, not maintaining the parts of the property you are responsible for, criminal behavior, etc. Read the notice that you were given very carefully. If you have questions about the date/time of a hearing, you can call the court to speak to a clerk. Although they cannot give you legal advice, they can explain details on the notice that may be confusing to you.

Eviction Hearing

Generally, a hearing will be held. Make sure that you attend. Attending your hearing ensures that your side of the case is heard and it will almost always get you more time in your property than if you don’t attend. Legal Aid attorneys may be present on the day of your hearing to assist you, but it is better to reach out to them prior to your hearing. You can find information on Legal Aid here. At the hearing, if the judge rules in favor of your landlord, you will likely be given a date to be moved out by. You may also try to negotiate with your landlord to pay off any outstanding rent/fees in order to stay.

Damages Hearing

Sometimes landlords will ask for a “damages hearing” this is where they may ask the court to find that you owe money. Attend your damages hearing. Damages does not only mean actual damage to the property, it is any money owed to the landlord. It can include rent, late fees, legal fees, and any other fees charged by your landlord. When you move out of your property, be sure to take lots of photos to document anything that is or isn’t damaged.

Ultimately, in the state of Indiana, landlords are entitled to their properties, so before your court date, have a plan to pay your balance, or as a last resort, to move, as you may not be given much time after your court date.