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 voluntary, by state law, landlord can not just kick them out, or change the lock, or cut off utilities if landlord pays utilities.
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 refuse to move, file small claims court ASAP, 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. soon as you obtain a court eviction notice, then you have the rigth to thru all your tenant's stuff out on the street( which I love to do, haha), if they refuse to leave, call the sheriff, have the cops come help put their stuff out on the street.
5. drag their ass back to count for damage and back rent, make sure you keep detail record of repair and damage. pictures tells everything, add up all the late charges and early termination penalties, plus the time you spend on it, charge the tenant $50 per hour for the time you make up( the judge may deny this fee, but would not hurt to try).
6. after the damage award, motion for a court ordered garnishment on their wage if they have a job.
7. if they don't have a job, then take their ass to court once a month. unfortunately, you can not put them in jail for owe you money, but if they miss any court date, then motion to cited for Contempt of Court, if they miss the second time, then motion the court issue a body attachment for failure to appear, which is a civil warrant they will spend up to 6 month in jail, and the cash bond goes to pay for the judgment.
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 contempt, send their ass to jail for a couple day.
good luck
different state has different eviction rules...in Indiana, you can not evict an tenant yourself unless they move out voluntary, by state law, landlord can not just kick them out, or change the lock, or cut off utilities if landlord pays utilities.
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 refuse to move, file small claims court ASAP, 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. soon as you obtain a court eviction notice, then you have the rigth to thru all your tenant's stuff out on the street( which I love to do, haha), if they refuse to leave, call the sheriff, have the cops come help put their stuff out on the street.
5. drag their ass back to count for damage and back rent, make sure you keep detail record of repair and damage. pictures tells everything, add up all the late charges and early termination penalties, plus the time you spend on it, charge the tenant $50 per hour for the time you make up( the judge may deny this fee, but would not hurt to try).
6. after the damage award, motion for a court ordered garnishment on their wage if they have a job.
7. if they don't have a job, then take their ass to court once a month. unfortunately, you can not put them in jail for owe you money, but if they miss any court date, then motion to cited for Contempt of Court, if they miss the second time, then motion the court issue a body attachment for failure to appear, which is a civil warrant they will spend up to 6 month in jail, and the cash bond goes to pay for the judgment.
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 contempt, send their ass to jail for a couple day.
good luck
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