In Indiana, landlords may remove tenants who are late on their rent. This is how.
In Indiana, a landlord may remove a tenant for failing to pay rent on time. This is one of the most typical grounds for evicting a renter. This article will go through the processes a landlord must follow when evicting a tenant who has not paid their rent.
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Tenant Rent Payment Deadlines
Unless otherwise specified in the lease, rent is nearly always due on the first day of each month, and the landlord is not compelled to provide any form of grace period before collecting a late charge or initiating eviction proceedings. Even if the first of the month falls on a weekend or holiday, rent is still due.
Different rent due dates may be agreed upon between a landlord and a tenant, but such conditions must be written down and preserved in the lease. For instance, the landlord might agree not to impose late penalties for a certain number of days after rent is due. If the first of the month is a holiday, the landlord might agree that rent would be payable the next business day. These provisions, however, are only applicable if they are specified in the lease. The landlord and tenant are then both expected to abide by the conditions of the lease.
Ten-Day Notice to Resign
If a tenant fails to pay rent and the landlord wishes to initiate the eviction process in Indiana, the landlord must first provide the tenant with a ten-day notice to vacate. The notification must specify that the renter has 10 days to pay rent or vacate the rented property. The landlord cannot continue with the eviction if the renter pays rent within the ten-day term. If the tenant does not pay the rent or vacates, the landlord may file an eviction case in court (see Ind. Code Ann. 32-31-1-6).
Ten-Day Notice Contains Important Information
The ten-day notification must be in writing and include the following statement:
“To (put tenant’s name here):
You are advised that you must leave the following property within ten (10) days of receiving this notice unless you pay the rent due on the property within ten (10) days: (insert property description here).”
32-31-1-7 Ind. Code Ann.
The notification should also contain the following information:
The date the notice was served on the renter(s), the tenant(s)’ name(s) and address(es), the total amount of rent due and payable, and a certificate of service stating how the notice was placed on the tenant.
In Indiana, a ten-day notice is served.
Giving a ten-day notice directly to the renter is the best approach to serve it. The person delivering the notice, either the landlord or the landlord’s agent, must explain what the notice is and why it is being served on the tenant. If the tenant is unable to be located, the landlord may post a copy of the notice in a prominent location at the rental unit, such as posted to the front door (see Ind. Code Ann. 32-31-1-9).
Tenant Reactions in Indiana to a Ten-Day Notice
A ten-day notice might be responded to in a variety of ways by the renter.
The renter is able to pay the rent. If the tenant pays the rent in full within the ten-day period, the landlord is not required to continue with the eviction.
The renter is free to leave the leased unit. Even if the renter vacates the rental apartment without paying the rent, the landlord may still sue the tenant for the unpaid rent.
The renter fails to pay rent or vacates the leased property. At the conclusion of the ten-day term, the landlord may file eviction papers with the court.
In Indiana, Filing an Eviction Lawsuit
In Indiana, a landlord must submit a summons and complaint with the trial court of the county in which the rental unit is situated to begin an eviction litigation. The trial court will establish a hearing date, and the tenant will get a copy of the documents submitted. At the hearing, a judge will hear both the landlord and the tenant and determine whether or not the eviction should take place. A separate hearing may be scheduled to establish whether the renter owes money to the landlord. If the landlord wins the eviction action, the court will establish a date by which the tenant must vacate the leased unit. The court will also issue the landlord a court order authorizing a sheriff to attend the eviction and verify the tenant vacates the leased property.
It is critical to remember that a landlord cannot evict a tenant without a court order and the presence of a sheriff. If the landlord tries to evict the tenant in any other means, such as changing the locks on the rental unit or turning off the utilities, the renter may sue for damages. This is known as a self-help eviction, and it is prohibited for a landlord to engage in it (see Ind. Code Ann. 32-31-5-6).