With most courts opening to eviction hearings again, landlords in Noblesville who have been unable to evict nonpaying tenants during the pandemic are likely pulling together their notices and documentations to get the process moving forward.
The Landlord/Tenant Task Force was created by Indiana courts to help Indianapolis rental property owner work through nonpayment issues with their tenants who were suffering economically from the pandemic. They have provided sample payment plans and agreements. Eviction should always be a last resort; it’s much better to get the money paid to the extent possible.
However, if you do need to evict, you’ll want to be prepared. Typically, a Noblesville eviction doesn’t take too long, but there’s likely to be a bit of a backlog in the courts, so be prepared to wait.
Here are the steps you’ll need to follow when you want to evict a tenant.
Reasons for Eviction and Notice Periods
Typically, tenants are evicted when they don’t pay rent. However, you might also evict a tenant because they’re not following the terms of the lease agreement and they refuse to come into compliance. The notice period that you must provide will vary depending on your reasons for eviction.
To evict for nonpayment of rent, you’ll have to serve a 10 Day Notice before you head to court. You’ll serve this notice when rent is overdue and any grace periods provided in your lease agreement have come and gone. If the 10 days come and go and you still don’t receive rent, your next step is to terminate the tenancy and file an eviction lawsuit in court.
To evict a tenant for a lease violation, you’ll need to file a Notice to Cure or Quit. This notice will explain which part of the lease the tenant is violating, and what must be done to fix that violation. Give the tenants a reasonable period of time to comply; typically 14 to 30 days. If the lease violation is not cured in that time period, you can terminate the lease agreement and go to court to file for eviction.
Regaining Possession of Your Noblesville Rental Property
Once you win your case in court, you’ll receive a Writ of Possession, which can be enforced by a member of the sheriff’s department or another law enforcement officer if the tenants do not leave the rental property on their own.
Sometimes, tenants will leave without taking all their belongings. You’ll need to return to court to receive another court order before you move any personal property out of the home. Then, you’ll need to give your former tenants notice that you’re removing their property. You can let them know where it will be stored and how they can reclaim it. Typically, the tenants need to get that property within 90 days of the eviction or it will be sold.
The eviction moratorium on the federal level doesn’t expire until June 30, 2021, but several courts have declared that the government overstepped its authority, striking down the legality of that eviction ban.
You’ll need help from a professional Noblesville property manager or an eviction attorney before you head to court. It’s difficult to know how things will turn out now, and having experts on your side will protect your investment and your rights as the property owner.
If you’d like to talk about how to avoid eviction or file one, please contact us at Red Door Property Management.
