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JY's bible to eviction............. 2008-07-17 19:09:01
different state has different eviction rules...in Indiana, you can not evict an tenant yourself unless they move out volunteerly, by state law, landlord can not move them out, or change the lock.
here are steps I do.
1. oral notice on due day.
2. written notice after 5days later, demand tenant to move out in 10days, you must give them 10 days under state law.
3. if they don't move, then file small claims court, request court order eviction. when you file, request notice to be deliver by sheriff, not certify mail, because tenant can reject certify mail and that will count as no delivery, only when the sheriff can hand them the notice counts.
4. after obtain the court evic notice, then you can thru your tenant stuff out on the street, if they refuse to move, call the sheriff, the cops will walk them out.
5. take their ass back to count for damage and backrent, make sure you keep detail record of repair and damage. pictures tells everything, make sure to included the time you spend on it, charge the tenant $50 per hour for the time you make up.
6. after the damage award, garnish their wage thru court if they have a job.
7. if they don't have a job, then take their ass to court once a month. if they miss any court date, then request to cited for Contempt of Court, if they miss the second time, then request the court issue a body attachment with cash bond, this is a warrent for failure to appear, they will spend up to 6 month in jail, and the cashbond goes to pay for the judgement.
8. on december of each year, request the court to garnish their tax return check before the file on january, if they cash their tax check, then you can again request the court for contampt, send their ass to jail for a couple day.
good luck
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由jy101张贴 @ 2008-07-17 19:09:01 (263)
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