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Indiana Landlord Tenant Eviction / Unlawful Detainer Forms Package

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.

Definition and meaning

The Indiana Landlord Tenant Eviction / Unlawful Detainer Forms Package provides essential legal documents for landlords seeking to legally remove tenants from rental properties. An unlawful detainer action is initiated when a tenant remains in a property without the landlord's consent, typically after a lease violation or failure to pay rent.

Who should use this form

This package is intended for landlords or property owners in the state of Indiana who need to initiate eviction proceedings against tenants who are either not adhering to the terms of their lease or are failing to pay rent. It is also useful for property management companies acting on behalf of landlords.

Key components of the form

The forms included in this package consist of various notices and affidavits that outline the legal requirements for initiating an eviction. Key components include:

  • Notice to Terminate Lease: A notice indicating the landlord's intent to end a month-to-month rental agreement.
  • Notice to Pay Rent: A formal request for tenants to pay overdue rent or face eviction.
  • Affidavit for Default: A statement to be used in court if the tenant fails to respond or appears in eviction proceedings.
  • Writ of Restitution: A court order directing law enforcement to remove the tenant from the property.

How to complete a form

Completing the forms in this package is straightforward. Each form may have specific fields that require your input. Here are general steps for completion:

  1. Access the form digitally or print a blank form.
  2. Fill in all required information, such as names, addresses, and dates.
  3. Follow any instructions provided to ensure all legal requirements are met.
  4. Sign and date the form where necessary.

Additionally, make sure to keep copies for your records.

Common mistakes to avoid when using this form

When filling out eviction forms, it is important to be vigilant. Common mistakes include:

  • Failing to provide adequate notice periods as required by Indiana law.
  • Neglecting to sign the documents where necessary.
  • Incorrectly filling out tenant names or addresses.
  • Using outdated forms that may not comply with current laws.

By avoiding these errors, landlords can streamline the eviction process.

What to expect during notarization or witnessing

Certain forms may require notarization to ensure authenticity. When you go to a notary:

  • Bring a valid form of identification, such as a driver’s license.
  • Do not sign the document until you are in front of the notary.
  • The notary will verify your identity and witness your signature.

Having a document notarized provides an additional layer of legality and can prevent challenges later.

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FAQ

Know Your Rights. It goes without saying, but take some time to know your rights as a tenant. Keep Good Records. Make Sure Notice is Proper. Service of the Unlawful Detainer. Talking to an Attorney. Managing Partner Lipton Legal Group, A PC Beverly Hills, CA.

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.

Know Your Rights. It goes without saying, but take some time to know your rights as a tenant. Keep Good Records. Make Sure Notice is Proper. Service of the Unlawful Detainer. Talking to an Attorney. Managing Partner Lipton Legal Group, A PC Beverly Hills, CA.

If you file an eviction (unlawful detainer) case and you decide you do not want to move forward, you can ask the court to dismiss the case.You included more than one tenant in your eviction case but have decided you only want to evict one or some of them, so you dismiss the case as to the others.

An unlawful detainer is an eviction lawsuit. This won't be reported to the credit bureaus unless you are actually evicted.Much like losing a lawsuit, unlawful-detainer suits are reported to the credit bureaus.

Courts commonly refer to eviction actions as "forcible entry and detainer" or "unlawful detainer" actions. The legal theory is that the landlord alleges the tenant unlawfully continues to have use and possession of the rental property, and the landlord seeks the assistance of the court to have the tenant removed.

At the trial, the landlord will put on her case.The landlord will talk about the Notice of Termination that was sent to the tenant and her reasons for wanting to evict the tenant. The landlord may present other witnesses to support her claims against the tenant.

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Indiana Landlord Tenant Eviction / Unlawful Detainer Forms Package