INDIANA (WOWO) — Indiana tenants facing eviction have several important steps to take before going to court, including getting legal help, attending every hearing and bringing documentation that could support their case.
The process can be stressful, particularly for renters who have never been involved in an eviction case. But housing advocates say tenants should not simply ignore court notices, even if they believe an eviction is unavoidable.
In most cases, an Indiana landlord who wants to evict a tenant because of unpaid rent must first provide written notice giving the tenant 10 days to pay the amount owed.
If the tenant does not pay within that period, the landlord can file an eviction case in court.
Once a case is filed, the tenant should receive notice of the date and time of the first court hearing.
Indiana eviction cases commonly involve two hearings.
The first is generally an initial or possession hearing. That is where a judge determines whether the landlord is entitled to possession of the property and whether the tenant must move out.
A second hearing typically addresses damages. At that hearing, the court can determine whether the tenant owes the landlord money and, if so, how much according to WNDU.
In some cases, the possession and damages issues can be handled during the same proceeding.
One of the most important steps for a tenant is getting legal assistance as early as possible.
Free or low-cost legal assistance may be available to qualifying Indiana residents through organizations that provide civil legal services.
IndianaLegalHelp.org is one resource for finding assistance. Tenants can use the website to search by ZIP code or county and identify organizations that handle housing and eviction cases.
The site also provides information about legal-help events and other resources, including a chatbot that can connect people with participating legal organizations.
Even if a tenant cannot find an attorney to represent them in court, legal organizations may be able to provide advice about the case and help explain the tenant’s rights and options.
Tenants should also attend their court hearings.
Housing advocates strongly advise against skipping court simply because the tenant believes the landlord will win or because the tenant has already moved out.
If a tenant does not appear at the possession hearing, the court may make a decision without hearing the tenant’s side of the dispute.
Depending on the circumstances, appearing in court could give a tenant an opportunity to challenge the eviction or ask for additional time to move.
Missing a damages hearing can create another problem.
If the tenant does not appear, the court could enter an order requiring the tenant to pay money to the landlord.
Tenants should also gather evidence before going to court.
That can include rent receipts, payment records, written communications with the landlord, photographs, inspection records, notices and other documents related to the dispute.
People should not assume a judge will be able to review everything stored on a cellphone.
If photographs, messages or other documents are important to the case, tenants should print copies and bring them to court. Local libraries may offer printing services for people who do not have access to a printer at home.
Tenants may also have an opportunity to speak with the landlord or the landlord’s attorney before appearing before the judge.
In some cases, the parties can reach an agreement that allows the tenant additional time to move or establishes a plan for resolving the dispute.
But tenants should not agree to something they do not understand.
A tenant has the right to have the case decided by a judge or magistrate.
When speaking to the court, tenants should focus on the facts of their situation.
That can include explaining why rent was not paid, describing communications with the landlord, explaining any problems with the rental property or presenting evidence that the landlord’s allegations are incorrect.
For example, if a serious condition existed at the property, such as a broken heating system, the tenant should tell the court and provide any documentation available.
Tenants who are able to catch up on rent may also want to discuss that option with the landlord. In some situations, a landlord may agree to allow the tenant to remain in the property if the outstanding rent can be paid.
Another option can be voluntarily moving out.
Leaving voluntarily does not erase every possible financial obligation, but reaching an agreement with a landlord before an eviction judgment may have consequences that differ from having an eviction entered against the tenant.
For people who are unable to remain in their homes, planning ahead is also important.
Tenants should begin looking for alternative housing as soon as they realize eviction is a possibility rather than waiting until they are required to leave.
Indiana residents can call 2-1-1 to ask about community resources, including rental assistance, emergency housing, rapid-rehousing programs and shelters.
People searching for another rental can also use IndianaHousingNow.org to look for available housing and other housing resources.
The most important point for tenants facing eviction is not to ignore the process.
Get legal advice if possible, attend court, bring evidence, understand any agreement before signing it and tell the judge what happened.
Even when the outcome is uncertain, showing up gives the tenant an opportunity to be heard and understand what happens next.
