Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues.
Harter & Schottland: Something More Aggressive 847.546.0022 Se habla español At Harter & Schottland, our attorneys have represented landlords in countless evictions. We have a comprehensive knowledge of the law as it relates to evictions and can help you get the job done efficiently and successfully.
Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues.
Marion County, IN Landlord Tenant Lawyer with 26 years of experience. (317) 939-3000 5224 S. East Street. Suite C14. Indianapolis, IN 46227. Free Consultation Landlord Tenant, Construction, Foreclosure Defense and Real Estate. Indiana University Robert H. McKinney School of Law.
When a tenant has not paid rent, we will prepare a five-day notice, informing the tenant that the full amount of rent is due and if not paid in five days , the eviction process will begin. If the back rent is not paid within five days , we will initiate the forcible entry and detainer action, or eviction. If necessary, we may also arrange to have the Sheriff present to remove the tenants. (Even on eviction day, only the Sheriff’s department can physically remove tenants. With proper court orders, landlords can remove property, however.)
When a tenant fails to pay rent on a property, the landlord has a right to start eviction proceedings. But tenants have rights, too. Unless you strictly follow the letter of the law in evictions, you can lose another month’s rent and still be left with a non-paying tenant. A badly-handled eviction can be the first step toward foreclosure. Moreover, tenants should not live in your property rent free.
The Lake County Sheriff's Office is the only agency that enforces evictions. Landlords or homeowners cannot legally prevent a tenant (s) from entering the premises under any circumstance (i.e. changing the locks) unless an eviction was enforced.
An eviction can be stopped by the Plaintiff/Plaintiff’s Attorney, a Civil Process Deputy the day of the eviction, a motion filed within 30 days of the eviction order prior to the actual eviction (Section 1203 of the Code of Civil Procedure), or a court order signed by a judge specifically staying/stopping the eviction.
If the tenant (s) receives a stay order, it is the tenant (s)’s responsibility to notify the landlord/owner and the Sheriff’s Office, on the same day, to ensure the eviction is canceled. The Sheriff’s Office will not contact the landlord/owner.
If the tenant has good reason to defend against the eviction notice, then they should hire a qualified attorney to argue on their behalf in court. This can help ensure a more successful outcome due to the legal procedures involved and certain evidence that the tenant may not know to gather themselves.
There are many different reasons for why the landlord may want to evict a tenant from a rental property, including: If the tenant has breached the terms of their lease or rental agreement (e.g., smoking in a non-smoking building or keeping pets despite no-pet conditions in the lease); and.
Once the eviction notice is filed with a local court, then the clerk will send a summons to the tenant and also provide the landlord with a court date for a hearing. At this stage, both the landlord and the tenant should be collecting evidence to support their arguments for and against the eviction at the hearing.
If the tenant simply forgot to pay rent or is now in a situation where they are able to pay it, then the tenant should alert the landlord and make the payments.
If the landlord removes a tenant’s personal property before the eviction order is granted, then the tenant will have grounds to sue for illegal possession of property and any associated damages done to the property that were caused by the landlord’s illegal actions.
If a court rules in favor of the landlord, then the tenant will have a certain amount of days to leave the premises. If they have not left after the time period has expired, then the landlord may contact local law enforcement to have the tenant arrested and removed.
This should happen either before the landlord sends a formal eviction notice or the tenant should reach out to the landlord immediately after they receive it. This is especially true if the reason for the eviction is based on missing rent payments.