Indiana Eviction Laws For Non Payment Of Rent

State:
Indiana
Control #:
IN-EVIC-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package contains the essential state-specific forms a landlord needs to evict a tenant. If you need to get rid of an unwanted tenant, this money-saving package ensures that you follow the rules of your state. Included in this package are the following forms:



1 Month Notice to Terminate Month-to-Month Lease from Landlord to Tenant - This is a sample letter from a landlord to a tenant. This particular letter serves as notice that the tenant has one (1) month to vacate the premises. The landlord has opted to not renew their month-to-month rental agreement.



10 Day Notice to Pay Rent or Lease Terminates for Residential Property - This is a sample letter from a landlord to a tenant. This particular letter serves as notice that the tenant has ten (10) days to pay his/her rent or be out of the premises.



10 Day Notice to Pay Rent or Lease Terminates for Nonresidential or Commercial Property - This notice informs a tenant of commercial property that he/she has ten (10) days to pay his/her rent or be out of the premises.



Notice of Breach of Written Lease for Violating Specific Provisions of Lease with No Right to Cure for Residential Property from Landlord to Tenant - This form is for a landlord to provide notice of breach of a written lease for violating a specific provision of lease with no right to cure. It is for a residential lease. You insert the specific breach in the form. The lease should contain the specific provision which has been violated, and provide that provision cannot be cured, or the statutory law must state that this particular breach cannot be cured.



Notice of Breach of Written Lease for Violating Specific Provisions of Lease with No Right to Cure for Nonresidential Property from Landlord to Tenant - This form is for a landlord to provide notice of breach of a written lease for violating a specific provision of lease with no right to cure. It is for a non-residential lease. You insert the specific breach in the form, and it may be given any number of days in advance that you state.



Affidavit for Default ?ˆ“ Eviction - This is a statement completed by a landlord when a tenant fails to answer/appear in an eviction case, requesting that the court grant a default judgment in favor of the landlord.



Clerk's Notice of Claim to Defendant for Eviction, Rent Due, and Damages - This is a Clerk's Notice of Claim to Defendant for Eviction due to his/her failure to pay rent in a timely manner, as well as for damages caused to the premises by said defendant. With this notice, the plaintiff demands immediate possession of the premises and all past due back rent.



Writ of Restitution / Possession - This form is used by the court to order the sheriff to evict an unwanted tenant and return possession of the property to the owner of the premises.

Title: Understanding Indiana Eviction Laws for Non-Payment of Rent Introduction: When it comes to non-payment of rent, landlords in Indiana are protected by specific laws that outline the eviction process. This detailed guide will provide a comprehensive overview of Indiana eviction laws for non-payment of rent, including different types if applicable, allowing landlords and tenants to understand their rights and obligations. 1. Indiana Eviction Process: In Indiana, eviction for non-payment of rent follows a specific legal procedure designed to protect the interests of both landlords and tenants. The process generally consists of the following steps: — Providing a written notice to the tenant: Before proceeding with eviction, landlords must typically provide tenants with a written notice indicating the unpaid rent amount and a specific timeframe within which the payment must be made. — Filing a complaint: If the tenant fails to fulfill the payment obligation within the timeframe, landlords can proceed by filing a complaint with the appropriate court. — Court hearing and judgment: After filing the complaint, a court hearing is scheduled where the judge will evaluate the case based on evidence presented by both parties and issue a judgment accordingly. — Writ of possession: If the judgment favors the landlord, a writ of possession may be issued, allowing the landlord to regain possession of the property. 2. Types of Indiana Eviction Laws for Non-Payment of Rent: a. Notice Required: Under Indiana law, landlords are required to provide tenants with a written notice before filing an eviction lawsuit for non-payment of rent. The notice must specify the unpaid rent amount and provide a reasonable timeframe (usually 10 days) within which the tenant can pay the outstanding balance to avoid eviction. b. Rent Escrow Requirement: Indiana also has a "rent escrow" provision that allows tenants to place rent payments into an escrow account if the landlord fails to address maintenance issues significantly affecting habitability. By placing rent in escrow, tenants can compel the landlord to address the issues promptly before continuing rental payments. c. Landlord's Right to Remedy: In certain cases, landlords can potentially avoid eviction if they make a good faith effort to correct defects or maintenance issues identified by the tenant. This provision grants landlords a chance to rectify the problem and prevent further legal action. Conclusion: Understanding Indiana eviction laws for non-payment of rent is crucial for both landlords and tenants to ensure a fair and lawful eviction process. By adhering to the proper legal procedure, landlords can confidently address non-payment situations, while tenants can protect their rights throughout the process. Remember that consulting with a legal professional is always advisable to navigate any particular complexities within Indiana's eviction laws.

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  • Preview Indiana Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview Indiana Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview Indiana Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview Indiana Landlord Tenant Eviction / Unlawful Detainer Forms Package

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FAQ

For non-payment of rent evictions, you must first provide the 10-day notice to cure or quit. The next step is to go to the township court in the county in which your property is located. The Clerk of the Court will schedule a hearing. You must then arrange for the tenant to be formally served a notice of a lawsuit.

Comply With the Eviction Notice, If Possible If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Indiana, the landlord must not proceed with the eviction (see Ind. Code Ann. §§ 32-31-1-6 and 32-31-7-7).

If your family member is noncompliant with the lease terms or refuses to leave after you have given them a Notice of Non-Renewal, you may serve them with a written Eviction Notice.

How Long Does an Eviction Stay on Your Record? An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.

Your landlord cannot turn off your utilities. You have the right to privacy in the rental premises. Your lease agreement likely says when your landlord may come into your home. Usually, lease agreements say that your landlord may come in to do emergency repairs, routine or needed maintenance, and inspections.

More info

For non-payment of rent evictions, you must first provide the 10-day notice to cure or quit. The next step is to go to the township court in the county in which your property is located.If rent is paid within those 10 days, then the filing for eviction does not continue. Eviction for Nonpayment of Rent. In Indiana, a landlord can evict a tenant for not paying rent on time. Under Indiana law, a landlord can evict a tenant for violating the terms of the rental agreement, including not paying rent. For nonpayment of rent, landlords must give tenants a 10day notice to pay rent or vacate the property. If you are behind in your rent and the landlord files an eviction case in court, you will be evicted. A landlord must have valid grounds to evict a tenant. Tenants in Indiana can be evicted for nonpayment of rent, for violating some rule or provision in the lease, or for damaging the property.

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Indiana Eviction Laws For Non Payment Of Rent