As a landlord, it's never pleasant when you need to evict a tenant. According to recent statistics, landlords file approximately 3.6 million evictions in the United States every year.
If you own rental property in Lafayette, Indiana, it's vital to understand the current laws in your state to navigate the eviction process well and know what to do in case there is a court hearing.
Read on to discover everything you need to know as a landlord about the tenant eviction process in Indiana, so you're prepared when the time arrives.
Grounds for Tenant Evictions
In most states, the grounds (or reasons) for tenant evictions are the same. As for Indiana eviction laws, there are a few reasons why an eviction would be warranted.
First, if the tenant stops paying rent altogether or stops paying rent on time as per what was agreed upon in the lease, you're within your legal right as a landlord to evict them.
Next, a landlord can serve a rental eviction if the tenant refuses to leave and remains in the unit past the terms of the lease agreement since this would be a lease violation.
One other reason for an eviction is if the tenant is violating specific terms of the lease. Finally, if the tenant is breaking the law while living in your rental unit, it's grounds for eviction, too.
Serving the Eviction Notice
State eviction laws state that there are a few ways a landlord or property management company may serve an eviction notice. First, the landlord can hand the notice directly to the tenant in person.
A landlord may also hand the notice to "a person of suitable age and discretion" at the rental. However, the notice must also be mailed by certified or registered mail with a return receipt in this case.
Finally, landlords may post the notice at a visible place on the premises. This can be on the entry door or a front window. Landlords must also mail the notice by registered mail with a return receipt, even if it was posted somewhere obvious.
Notice Types
In the state of Indiana, tenants who violate the rental agreement and are late on paying the rent may receive a 10-Day Notice to Quit. This type of eviction process gives the tenant a total of 10 days to pay their rent balance, or they must move out.
Tenants who are on a month-to-month rental agreement or who have no lease may receive a 30-Day Notice to Vacate. This notice terminates the tenancy and gives the tenant 30 days to move out of the unit.
If a tenant violates the law while living in the rental unit, landlords can serve a 45-Day Notice to Vacate. This means the tenant has 45 days to move out.
Filing in Court
Indiana landlords must also file an official complaint with their local small claims, municipal, superior, or circuit court. The filing costs for an eviction lawsuit will vary depending on the court type.
Most court fees range from around $86 to $150. Once the complaint is filed, the tenant will receive a summons for a court eviction hearing within a few days.
Know Your Rights
Tenant evictions aren't fun, but they can be stress-free if you know the law. Follow the most current Indiana eviction laws so you're on top of the situation if or when it arises.
If you need help with your managing your rental unit, contact PMI Lafayette today!
