Evicting a roommate in Indiana can be accomplished through general eviction procedures explained in Indiana Landlord Tenant Laws. Eviction proceedings can be initiated for a number of reasons, including late, insufficient or skipped rental payments; damages to the rental property; or unpaid utility charges that the roommate is obligated to pay according to the rental agreement.
Inform the roommate that the landlord or other renter requests that the roommate move out.
File a lawsuit or case against the roommate if necessary by visiting the local Superior Court and completing a Petition for Immediate Possession and a Request for Damages. Provide the clerk with a filing fee as applicable. The paperwork must state the reason for eviction and any unpaid balances for rent, damages or utilities. A copy of the lawsuit or case will be delivered to the roommate by certified mail or the local sheriff's department.
Attend the hearing to determine who has the right to possession of the apartment. The hearing will also determine if the roommate is in violation of the contract. If the contract has been violated, the roommate will be ordered to move out by a set date. If the roommate has not violated the lease, the case is excused and the roommate does not have to move.
Attend a second hearing if necessary to determine if any money is owed to the roommate by the landlord and if so, how much.
Tips & Warnings
- Landlords should maintain thorough records to include all documentation, contracts, letters, contract addendum(s), bills, receipts and check copies. This documentation should be provided to the court during each hearing upon request. If a tenant is evicted, the landlord must return all of the security deposit to the renter except for any money due for accrued rent, damages, unpaid utilities or attorney fees as directed by the court.
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