Legal Help Can Make the Eviction Process Faster, Smoother, and More Successful
Dealing with a tenant who isn’t paying rent or following the terms of their lease can be incredibly frustrating. At some point, you just want to get them out and get the unit ready for a new tenant. You have a valid legal reason to evict. Do you need a lawyer?
In Indiana, you are not required to have an attorney in eviction proceedings, but it’s highly recommended. Here’s why.
The eviction process is complex and has numerous rules that must be followed
To evict a tenant in Indiana, you need a legal reason. If you’re trying to get someone to move out before their lease has expired, the most common reasons are:
- Failure to pay rent: If your tenant doesn’t pay the rent when it’s due, then you must give them ten (10) days’ notice to pay the rent before you can terminate the tenancy.
- Violations of the lease or rental agreement: for most lease violations, the landlord must give the tenant a “reasonable time” to fix the violation. What counts as “reasonable” depends on the nature of the violation.
Landlords generally do not need to give notice to terminate a tenancy when a lease expires or if there is no landlord-tenant relationship in the first place. In a month-to-month lease, the landlord must give 30 days’ notice to quit in writing.
Once you have gone through the required steps to terminate the tenancy, you can file an eviction complaint in court. From there, the process usually moves quickly, but there are several steps that must be followed, and tenants have several defenses they can use. If you lose in court, you will typically have to start the whole eviction process over.
Why it’s important to have legal representation in eviction proceedings
Many landlords find it frustrating that they have to go through so many legal steps to evict a tenant. But the courts take the process seriously because eviction is a serious matter: a successful eviction leads to someone losing a place to live, and the consequences of getting it wrong can be severe.
That’s why it’s in your interest to have representation throughout the process. An experienced attorney who knows all the steps in the process and the legal requirements that must be met at each stage can put you in the best position to succeed in the eviction process. Getting representation means getting it right the first time, reducing the likelihood that you’ll have to start over and delay getting the unit back.
If you need help with an eviction or another landlord-tenant matter, give us a call or contact us online. Experienced real estate attorney Janet Davis Hocker and her team at Hocker Law, LLC, are ready to help.
"As a real estate investor, I have used Hocker Law for all my business needs. When I began investing, I would regularly ask Janet questions, and she would promptly reply with great insight. When I began building my portfolio, I entered a lawsuit and an eviction case, and Janet successfully helped me with both cases at the same time. Her paralegal, Emily, was also spectacular. She answered all my questions and kept me updated for both cases when she had news to share. I would highly recommend Hocker Law as they provide great service and ability to win lawsuits." – Dylan V., ⭐⭐⭐⭐⭐