How and When to Evict a Tenant
Too often, the landlord tenant relationship breaks down – usually over the non-payment of rent. While I am sensitive to tenants who are struggling to make their payments, I also understand that often, landlord’s margins are smaller than many people realize. Part of what I do with landlords and management companies is to conduct eviction services. This includes not only filing and prosecuting evictions, but it also includes helping landlords and tenants come to mutually beneficial agreements in order to prevent excessive turnover. However, sometimes the bridge is too wide and a landlords needs to take back possession of the property. This process is known as eviction. Below are some basic steps that must be followed in order to take back your property.
A Breach Must Occur
Usually this is the non-payment of rent; however, any material breach of the lease agreement, such as an unauthorized pet, damage to the property, or unauthorized tenants, can lead to an eviction.
In most instances the law requires that you give the tenant a notice of the defect and a 10 day opportunity to cure it before you can file for eviction. Most commonly, this is a letter to the tenant stating the amount of rent and fees that are required to get the tenant current. If, after the 10 days, the full amount is not satisfied, eviction can be filed.
Notice of Claim for Possession of Real Estate
This is the actual eviction filing. Be sure to attach the lease agreement to the Notice since you are making a breach of contract claim. You will need to file the Notice in a court of competent jurisdiction. In Marion County, these are usually filed in the township courts. Keep in mind that, while small claim filings are a quick and efficient way to get possession, there are caps on the amount of damages you can seek though the small claims system.
The law favors the tenant in the eviction process – let me help you navigate the process so you can obtain possession of your property in order to get a paying tenant in the unit as quickly as possible. Give me a call so we can discuss how to best handle any issues you have with your tenants.
|GOODIN l ABERNATHY LLP
301 E. 38th St.
Indianapolis, IN 46205