Name:

Edward Kitts has managed his own rental properties for 20 years. As a Property Management Consultant he spends much of his time these days helping other landlords with Rental issues.

Sunday, May 13, 2007

Get rid of that deadbeat tenant quickly and legally!

They won't pay and they won't leave! How many times have you heard someone say that? It is unfortunate that there are so many deadbeats out there. But take heart.....in Indiana it is relatively easy to get rid of these bad tenants. Before I give you the step-by-step procedure to evict these people, I want you to pay close attention to the following:
Stay calm, if you lose your temper YOU LOSE!
DO NOT ARGUE WITH THE TENANT.
Once you decide that you are going to need to evict them, NO MORE PHONE CONVERSATIONS. None PERIOD!
All communication during this process is by mail only.
If you do get a phone call from the tenant, be nice...be professional, tell them that you value their business but during this process everything from them and to them must be in writing.
In Indiana you can not file for eviction until a tenant is (10) days late paying their rent in full. On the 11th day the game is afoot.
LET'S GET STARTED
Mail a letter to your tenant on the 8th day of the month. You may word the letter anyway you want but it must include:
The name of each tenant in the property.
The property address.
The date their rent was due.
The date you will file to evict them, e.g. "I will file to evict you on Friday May 11th." Send 2 copies, one certified (Return Receipt) and one regular mail.
Do Not accept partial payments, it will jeopardize your case.
Once you commit to an eviction date, stick to it! At this point your credibility and resolve is being assessed by the deadbeat tenant.
--Go down to your local SUPERIOR Court. Look for the Clerk's window or counter. Tell the Clerk that you want to file an IMMEDIATE POSSESSION. Do not use the word Eviction. There is a difference between Eviction and Immediate Possession. Immediaite Possesion is a much quicker process and accomplishes exactly the same thing. Make sure that you tell the Clerk how many tenants are on the lease. The cost depending on the County will be $42-$88 to evict a tenant.
--The Clerk will have "Cheat Sheats" to guide you in filling out the forms for Immediate Possession. If you have any questions that pertain to the filling out of the forms the Clerk can assist you. Do not ask them a legal question, they should not and will not give you any legal advise.
--You do not need an attorney to evict a tenant. You will take care of everything yourself, including the court appearance. Depending on the County you may need an attorney if you are a Corporation (Just Maybe), the Clerk can tell you that.
--The Court paperwork (Roughly 4 pages) will consist of (2) sets of documents. The first is the Petition for Immediate Possession. This is the document to have the tenant evicted and return the property to you. The second set is the Request for Damages. In this set you are asking the Court to order them to pay you what they owe you (rent, cleaning, repairs, damage, and court costs). You will need to include a copy of the Rental Lease with your paperwork.
-- Fill out the paperwork and give it back to the Clerk along with the filing fee (Depending on the County the fee can be up to $88). While you wait the clerk will process your paperwork and give you two (2) Court dates.
THE FIRST COURT DATE:
--The first Court date will be the Immediate Possession hearing. This hearing will be very fast and straight to the point. Every Judge is a little different but here is a general idea of what will transpire:
The Judge will ask the tenant if they live at the address in question.
The Judge will ask the tenant if their rent is paid current.
Once the tenant says that they are not current with their rent the Judge will, "out of courtesy" permit the tenant to explain why.
At the end of the tenant's rambling the Judge will turn to you and ask if you still want immediate possession. You of course will answer yes. At that point the Judge will grant you Immediate Possession of the property.
--A few notes:
Remember that every Judge is a little unique. The Judge may allow the tenant to ramble for an extended period of time (10 minutes) or not at all. About half of the time a tenant will complain about the property's upkeep. They will say that you are not fixing things, etc. etc. etc. Remember that in Indiana a tenant must pay rent as long as they physically occupy the property. If they believe that the property is not livable they must exercise their right under what is called Constructive Eviction. Constructive Eviction is a legal process which allows a tenant to vacate a property that is in disrepair without penalty. If the tenant stays in the property they must pay rent. The Judge will tell them that. Stay calm, speak slowly, do not interrupt the defendant, (No matter what nonsense they come up with).
--After the Judge grants you Immediate Possession the hearing is over. You will need to have the Sherriff serve the tenant with an order to vacate the property immediately. In order to do this the County will ask that you post a Bond. You can pledge another property to cover the Bond. Indiana requires that anyone having a tenant evicted must post a temporary Bond to protect the County from a lawsuit if you have managed to present false evidence to the Court with the purpose of having the tenant evicted. Once the tenant is out you can have the Bond removed.
--Once you post the Bond the Sheriff will (usually the next day) deliver a notice to vacate the property within 48 hours. You will need to set a time of day to meet the Sherriff at the property to remove the tenant. Usually the tenant leaves right away. Sometimes however, they make you remove them. Don't worry, if they are not out within 48 hours the Sherriff will meet you at the house and remove them so that you can change the locks.
--If they are forced out and leave belongings behind you must give them the opportunity to come back and retrive their items. I usually give them a week, after that I have a trash company come and clean the house out.
THE SECOND COURT DATE:
--This is the Damages hearing. It usually comes a few months after you have had them evicted. At this hearing you will ask the Court to order the tenant to pay you everything they owe you plus court costs.

54 Comments:

Blogger Indigo said...

I just stumbled onto your blog while researching Indiana law on how to get rid of a tenant who refuses to leave and refuses to pay. In 6 years of managing 3 properties I've never had to force someone out. I don't want to make it worse for myself by making a misstep that could cause legal backlash, and some days feel like I'm maneuvering through land mines. Thank you for taking the time to write out the process as you did. It's quite helpful to someone like myself who is unfamiliar with it. My story takes new twists and turns with each day, and the whole situation is driving me crazy. Anyway, thank you again, your blog was quite informative.

June 6, 2007 at 3:36 AM  
Blogger Alex said...

I also came across this account. I wanted to follow up that I went through this process today. Wanted to add that they found that when I said IMMEDIATE POSSESSION, they wanted to correct me by saying eviction, I asked them for what the difference meant. They stated that IMMEDIATE POSSESSION meant that this was an emergency eviction... and that I would need to show proof of a police report or if I thought that drugs were taking place at the apt. Is this true? Also take note for evictions require that you spell out the tenants names within the location, I was having a fit in trying to get the name of the tenants wife as I didn't have that included in the lease the the main tenant signed. Again thank you for the info it helped me get the courage to take the steps to begin the eviction, but I think I have resolved my issues without the need to go to court.

June 6, 2007 at 1:55 PM  
Blogger Alex said...

Edward,
Can you post an example of a letter that you send? Thanks again.

June 10, 2007 at 3:09 PM  
Blogger Survey King said...

"Tell the Clerk that you want to file an IMMEDIATE POSSESSION. Do not use the word Eviction. There is a difference between Eviction and Immediate Possession. Immediate Possession is a much quicker process and accomplishes exactly the same thing."...Sure, you are giving advice for the Land Lord to LIE to the court whether an unsafe or illegal situation is present or not. Unscrupulous and dishonest.

April 20, 2008 at 2:01 AM  
Blogger becut said...

Thank's for the info.We are in the process of needing to oust our "Deadbeats" and wanted to make sure we had our ducks in a row.We do now thanks to your well worded,to the point,step by step process to retake the property WE not they worked so hard for.
Thank's again.
becut.

July 15, 2008 at 4:21 PM  
Blogger Marci said...

This comment has been removed by the author.

September 29, 2008 at 6:19 PM  
Blogger Marci said...

I have a "deadbeat" in Lake County, Indiana who has not paid me rent for September. I had her servced with a ten day notice to pay pr quit but she has two days left. How do I go about filing an eviction when I am in another state? I can't afford to fly there at this time since the no rent last month and not having it for October is going to put a strain on my finances. Any suggestions?

September 29, 2008 at 6:21 PM  
Blogger Jillian said...

Hello. Thank you for posting this. I have been using this as a guide during my eviction process. The judge just ruled that they should be out this Friday. The court said that I should hire a bonded moving company to remove their belongings from the premises, but is this really necessary or can I simply have the sheriff come on Saturday to remove them? Is it true that they won't forcibly remove them prior to Jan. 1, 2010 due to bad press since it's around the holidays? We really want them out. They've been squatting since October 9th. Thanks in advance!

December 16, 2009 at 8:14 AM  
Blogger PleaseHelpSteve.com said...

I have a deadbeat that has dog crap all over the house and $1800 behind our constable won't even move them out without after eviciton and paying the writ fees! They want a bonded moving company and that's another $750, I'm sure someone is getting a kickback there. gee wonder why we are losing our homes to foreclosure, you have to love a law where the tenant can ruin you and your lives and your main home in the process once it's foreclosed on the rental home they can come after your main home in Indiana too for deficiency judgement.

January 7, 2010 at 10:14 AM  
Blogger ken said...

what do you do if they move out and still owe you money

February 16, 2010 at 12:05 PM  
Blogger Larry said...

Before a landlord can begin the eviction process,proper notice must be given to the tenant.Typically, the notice required is the "5-day notice" which is for non-payment of rent.If the tenant doesn’t pay the rent when it’s due, the landlord can serve a notice that the rent is due and give the tenant a certain time in which to pay the rent or move out. If the tenant pays the full amount in the time stated, there can be no eviction on that notice.For more details visit :- tenant eviction process

March 1, 2010 at 9:52 PM  
Blogger cuddleme2pls said...

So how exactly do I get a extenant to remove the rest of their stuff? I have 2 tenants that I evicted, I didn't know there was anything different that I could do. They have the keys, and one unit still has some stuff in it, but they have moved so in Montgomery County the Clerks office will not send a sheriff to notify them. Can I open it up and remove their stuff, they have not paid rent since June and were told to be out by Sept 14 the the judge yesterday gave them til midnight last night.

September 16, 2010 at 3:48 PM  
Blogger S said...

YES if they moved and you have a way to move their stuff just put it in storage or take picture of it if it's junk and take it to the dump. You can show in court your proof it was junk and charge them for hauling it. Or store it for 90 days in a storage unit and then sell it by law 90 days and it's yours. You're lucky, if the tenant doesn't move you have to pay like $800 to have them moved by the court rip off system of movers. I'm sure they give kickbacks to the court. Scam city.

September 16, 2010 at 7:06 PM  
Blogger foyotrunkproductions said...

I would like to thank you for helping all the slumlords in Fort Wayne get over on hard working honest people. People like you sicken me. I have lived in my premises for 9 months and haven't had one repair made. I gave my landlord 3800.00 cash up front. I moved in the home in February and the home was missing windows that as of November 16, 2010, are still not here. Some times you should think about what you are doing and who you are helping. Some people aren't dead beat tenants. They are trying to fine a way to get their slumlords to respond to their requests.

November 17, 2010 at 9:40 AM  
Blogger foyotrunkproductions said...

I also wanted to talk about the 4 inches of raw sewage in my basement, and the mold on the wall in my kids room, or how the water from my shower falls into my kitchen, or how there are tree roots in my sewer lines causing back up, or how my landlord came here twice to get rent before it was owed and when he realized that we were the ones that were paid up on rent, we never heard from him again, or how he gave us a bunch of bogus numbers to contact him at, or how after I called neighborhood code he filed an eviction, or as you put an immediate possession. Your blog is helping some bad people.

November 17, 2010 at 9:45 AM  
Blogger foyotrunkproductions said...

I would like to thank you for helping all the slumlords in Fort Wayne get over on hard working honest people. People like you sicken me. I have lived in my premises for 9 months and haven't had one repair made. I gave my landlord 3800.00 cash up front. I moved in the home in February and the home was missing windows that as of November 16, 2010, are still not here. Some times you should think about what you are doing and who you are helping. Some people aren't dead beat tenants. They are trying to fine a way to get their slumlords to respond to their requests.

November 17, 2010 at 9:51 AM  
Blogger foyotrunkproductions said...

I would like to thank you for helping all the slumlords in Fort Wayne get over on hard working honest people. People like you sicken me. I have lived in my premises for 9 months and haven't had one repair made. I gave my landlord 3800.00 cash up front. I moved in the home in February and the home was missing windows that as of November 16, 2010, are still not here. Some times you should think about what you are doing and who you are helping. Some people aren't dead beat tenants. They are trying to fine a way to get their slumlords to respond to their requests.

November 17, 2010 at 9:52 AM  
Blogger PleaseHelpSteve.com said...

This comment has been removed by the author.

November 17, 2010 at 10:39 AM  
Blogger S said...

You're welcome. We hope all deadbeat tenants and bad people that ruin others homes get evicted. Not to mention this country is faultering because people are losing rental homes from the deadbeats that don't pay their rent and then homes go into foreclosure. And since Indiana is a defeciency state if a rental home if foreclosed on the mortgage company can also foreclose on the main living home of that person to collect the remaining balance. People on pills, drugs, and just plain old wasteful people are ruining America by not paying their rent. Good luck with your foreclosures.

November 17, 2010 at 10:42 AM  
Blogger Rebecca, Sarah's Mom said...

We have just went to court and lost, and will be served a writ to move, we just paid our landlord $2100,00 in 7 weeks. we are not deadbeats, our daughter was just diagnosed in October of last year and Feb. of this year with a Brain Tumor we lost income because of this and have tried hard to make it up. It's a shame that there are people out there that take advantage of landlords, but I can assure you that there are more landlords taking advantage of the tenants! I was in property management for 20 years and know what goes on behind closed doors.If someone wants to they can research and ask for an appeal which could help them stay in the home.

August 10, 2011 at 7:24 AM  
Blogger ally said...

how do you evict a boyfriend that wont leave when you tell him its over, and everything is in my name and i have a child. weve had to leave to get away from him all the while im still paying for everything

August 12, 2011 at 8:49 AM  
Blogger chandra said...

Thanks for the advice!
Forms

August 19, 2011 at 4:21 AM  
Blogger rkm said...

CAN YOU TURN THE UTILITIES OFF IF THE TENANT IS LATE ON PAYMENT

August 30, 2011 at 12:28 PM  
Blogger Mae Perry said...

This comment has been removed by the author.

September 8, 2011 at 8:52 AM  
Blogger Mae Perry said...

Thank you! Thank you! And again, thank you for taking the time to fully detail this unknown and intimidating process as a new landlord. :]

September 8, 2011 at 8:52 AM  
Blogger Dougly said...

This might sound like a joke but how do I evict my adult daughter? I don't care if she winds up in a shelter but I (and my wife) want her out.

October 19, 2011 at 12:53 PM  
Blogger Mary said...

What if I'm renting out a room in a house that I live in? Do the same rules apply? (all the writing and mailing of notices too?)

January 9, 2012 at 5:05 PM  
Blogger nofman66 said...

I have a bit of a unique situation. I acquired a property through a tax sale and the owner died, but his wife whom still lives in the property never filed to have the property put in her name and there wasn't a will drawn up. I have spoken with her and had her fill out an application with stated that it wasn't a guarantee to rent. She gave us a post dated check as consideration and then the check bounced. I cannot get them to call back nor respond through email, mail and relatives. The sheriffs office stated I have no recourse even since she is technically trespassing, but to have her evicted through court system. Does this sound correct?

January 19, 2012 at 12:29 PM  
Blogger dave cruise said...

Unfortunately immediate possession is not offered in Vanderburgh county Indiana! They will only evict and nothing else. Even the Sheriff and those working doing evictions had never heard of it. Must be other counties. Although I will say this, The Vanderburgh county does not require a bond be posted to physically remove them after you get the writ to remove them and judgement at your court date. They will send a deputy over to remove them by just one phone call if you have the judgement and writ in hand. All this is about 3 weeks. This is still faster then up north where tenants can get several months of free rent before they actually get removed from a dwelling. Its sad anywhere you go like Walmart you have to pay before you leave the store with the product but tenants think stealing rent is ok. If the apt was crappy then just go to a nicer place and spend money there if you cant afford it too bad it means you didnt do things in life to afford nice housing dont blame the people with low end housing and think they can give you a mansion fully furnished for 350 a month Sorry things cost.

April 4, 2012 at 5:56 PM  
Blogger Tiffanie said...

I have a question for you as a tenant, I bought on contract a trailer me just being excited and not knowing what to look for r the laws was just really happy to be on my own way to home ownership, well I have a disabled son and was going to switch bedrooms with my kids to give him his own and I was old by the ppl who come into my home to help me with him that I couldn't cause the bedroom didn't have a window ad all bedrooms needed a window for safety issues so I brought it to the parks attention and they said tuff bascually ad so on so I decided not to pay this month and too move I've now had 2 homes and the park keeps giving false information and saying we never pay an so on which is a lie by all means I've missed one month ad it's this one what do I do

July 13, 2012 at 2:57 PM  
Blogger Crank said...

I even heard that Tenants who stay for more then 10 years in the same room will get the place of the owner! so how much true is in it !

Forms

November 5, 2012 at 3:46 AM  
Blogger mlm2361 said...

Can a landlord who has his properties in foreclosure because he didn't make his payments, evict a tenant?

December 3, 2012 at 12:51 PM  
Blogger Zubaida Smith said...

I am out of the country and my tenant has not paid rent since they moved in. Only the deposit. It has now been two months. I am unable to return to file for the eviction because the money owed is what I need for my return. This is my private home, not just some rental that I want to make extra money with. How can I handle this problem with being outof the country? Can I have my sister in law, who is mentioned in the contract as my manager, file for me?

January 1, 2013 at 10:39 AM  
Blogger Jody Peak said...

Did you ever find out how? I'm having the same problem.

January 20, 2013 at 11:14 AM  
Blogger Patrick Brock said...

I am sure there are bad landlords. But let's be honest here. The bank doesn't care that my kid has a brain tumor. They want the mortgage. If you want sympathy, go to a church. This is a business. It is not the landlords responsibility to help you take care of your kid. @Rebecca

@foyotrunkproductions - If you are in a substandard living situation, you can move out without paying the remainder of the lease. When the guy takes you to court, you can show why you are breaking the lease and he will allow it. Do not rent a place that you feel is unsafe for your kids. There are plenty of good people out there who will rent you a well kept place. Sorry to hear about the problems.

February 1, 2013 at 8:15 AM  
Blogger Patrick Brock said...

I am sure there are bad landlords. But let's be honest here. The bank doesn't care that my kid has a brain tumor. They want the mortgage. If you want sympathy, go to a church. This is a business. It is not the landlords responsibility to help you take care of your kid. @Rebecca

@foyotrunkproductions - If you are in a substandard living situation, you can move out without paying the remainder of the lease. When the guy takes you to court, you can show why you are breaking the lease and he will allow it. Do not rent a place that you feel is unsafe for your kids. There are plenty of good people out there who will rent you a well kept place. Sorry to hear about the problems.

February 1, 2013 at 8:17 AM  
Blogger Splinter said...

To RKM: No, a landlord is NEVER allowed to cut the utilities of a renter for any reason. States have cracked down hard on self-help evictions. This means that you cannot cut the utilities, move their stuff to the street or even change the locks. All landlords are required, by law, to go through the court to regain possession of a rental unit. In fact, a landlord would be opening himself up for a wrongful eviction lawsuit and potentially criminal charges, depending on jurisdiction.

March 22, 2013 at 3:01 PM  
Blogger Barbara Dill said...

This comment has been removed by the author.

April 27, 2013 at 4:44 PM  
Blogger Heather Hoopingarner said...

I live in Henry County and have a tenant that only pays rent when they feel like it. I just recently aquired this rental a few months ago and have had 1 payment. This guy goes to a local gas station to get money orders in his name then uses the stub as "proof" that they paid. Not to mention he is a hoarder. As a landlord do I have any rights to enter the residence to check the condition of the property? And is that along with failure to pay rent enough for an eviction? If so how do I gain entrance to prove that hoarding is taking place?

May 7, 2013 at 5:19 PM  
Blogger Heather Hoopingarner said...

I live in Henry County and have a tenant that only pays rent when they feel like it. I just recently aquired this rental a few months ago and have had 1 payment. This guy goes to a local gas station to get money orders in his name then uses the stub as "proof" that they paid. Not to mention he is a hoarder. As a landlord do I have any rights to enter the residence to check the condition of the property? And is that along with failure to pay rent enough for an eviction? If so how do I gain entrance to prove that hoarding is taking place?

May 7, 2013 at 5:20 PM  
Blogger ANGIE said...

Thank You for this information. I have a tenant who has stopped paying rent several months ago. I served him with eviction notice and he left messages on my voicemail that threatens me to sue me for renting him the house which is now in the process of foreclosure. I am just so frustrated and just want the tenant out. He stateds that he is an elderly couple and can not get evicted and plans on staying in the home until it forecloses. I just want him out so I can return the home in a good condition when it goes for sale. I have no idea what condition it is in since I live in another state.

May 17, 2013 at 8:41 PM  
Blogger Destria Gladney said...

I am in a unique situation. The person in my house is not a tenant, but someone I assisted out of a bad situation. She got better, and then got on her feet with a job and a car, and decided that since a relative did not have to pay she felt she did not either. She has two evictions on her records and now is just squatting at my home. The Indiana court in Franklin township states they have not dealt with this before. I need her out. What is my recourse, also she has made a false statement that I attacked her in which that is a lie. What can I do?

May 19, 2013 at 1:19 PM  
Blogger itiswhatitis said...

Restraining order, no contact order.. go to your local clerks office and get him out. Also call the cops. If its in YOUR name,and HIS name is NOT on the lease then case closed. Generally an officer will tell him find somewhere to sleep. Things get complicated though if he has mail & his state ID is registered to ur address. Best bet to get him out n keep him out is rsstraining order. Bring police reports, pictures of any physical damages to yourself and or home. WRITE down every bad thing he's done with dates. Bring receipts of transactions made to pay your rent. All of this will support you and your word.

July 12, 2013 at 7:39 AM  
Blogger Jasper Indiana home for sale said...

Very good post. Nice to read.
Jasper in Homes for sale

July 22, 2013 at 4:12 AM  
Blogger Homes for sale Jasper Indiana said...

Nice blog. Carry on .
Jasper in Homes for sale

July 23, 2013 at 12:20 AM  
Blogger david trivett said...

I think all these ppl are funny nobody cares about anybody else only their business and money well guess Wat we are all gonna die and money won't matter anymore I will be happy in the end times when I watch all the greedy money hungry ppl answer for all the bad things they've done to.good ppl in the name of business #it is easier that a camel fit thru the eye of a needle than a rich man enter heaven

September 11, 2013 at 5:31 AM  
Blogger Mari C said...

Does anyone know what are the rules in IN for non-paying tenants using the excuse of Autistic son's concern of having to move, again, as the reason why she should not have to move? Tenant already achieved a sympathetic judge to allow for the extended time to move without having to pay the bond for the extra time. The property is not charity housing, nor even subsidized housing, but landlord wants to prepare for a bigger fight to get this tenant out if she uses another means in order to stay in the premises.

October 25, 2013 at 10:51 AM  
Blogger mike maglish said...

Quick question: can you have someone do this for you if you are out of state? We had to move to Idaho for my husband's job and rented our home out until we could sell it? So is there a way to have a liaison?

November 10, 2013 at 11:06 AM  
Blogger bryan flake said...

I am acquiring new rental properties and I am trying to figure out how to manage the best Las Vegas evictions services? Please help!

December 3, 2013 at 7:56 AM  
Blogger Jannah Delfin said...

Great post. I hope you can write more good stuff like this article.

eviction lawyer boston

December 4, 2013 at 12:45 AM  
Blogger Jason Wright said...

Move out. Duh

May 19, 2014 at 4:22 AM  
Blogger Jason Wright said...

Move out. Duh

May 19, 2014 at 4:30 AM  
Blogger Fasteviction Service said...

The one thing written here is really nice that when you finally decide to evict a tenant you should no longer make conversations on call but use emails only. And if the tenant calls, instead of being rude you should be nice and professional.

For More Info Visit: eviction service

September 19, 2014 at 8:04 AM  
Blogger Tammy Hite said...

I'm sure someone here has encountered this situation before but, I'm stumped as to what to do. My tenant hasn't paid rent for 2 months and his utilities have been shut off for non-payment. I've seen him once in 2 months (to tell me the check is in the mail) and have no way of contacting him. He doesn't stay in this house but, all of his belongings are there. How do you serve someone Immediate Possession papers if he's MIA? What should I do?

September 30, 2014 at 3:48 PM  

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