Bandemer Law is familiar with and regularly represents landlords with evictions in Allen County, IN and surrounding counties. This post will explain the eviction process in Allen County, IN, only. Most, if not all, evictions in Allen County are filed in the Allen Superior Court, Small Claims Division. The eviction process has two components 1) possession and 2) damages.
POSSESSION – The landlord must serve the tenant with notice of the eviction proceedings 20 days before the Initial Hearing. At the Initial Hearing, the landlord/tenant will meet and discuss the case without a judge. This is generally referred to as a Hallway Hearing. If the landlord/tenant come to an agreement, they will sign a agreed judgment and submit it to the court for approval. If the landlord/tenant cannot come to an agreement, the court will schedule a possession hearing. All possession hearings occur on Friday and start at 8:30 a.m.
If the landlord is granted possession at a possession hearing, the tenant will still have 7 days to vacate the premises. If the tenant does not vacate, the landlord can request a Writ of Restitution. If approved, the Writ will allow the Sheriff to remove the tenant from the property and allow the landlord to change the locks. The Sheriff will not supply or change the locks for the landlord.
DAMAGES – After possession is granted, either by agreement or court order, the court will set a damages hearing. The damages hearing can be another Hallway Hearing or it can be a trial. Damages include back rent and actual physical damage to the property.
If you are a landlord with additional eviction questions, contact Chris Bandemer at 260-428-2208.
