Landlord//Tenant Disputes

Have questions about your rights as a landlord or tenant? Is there a dispute over a real estate or rental contract? Need to file an eviction? We have answers for you.

Here is a summary of how the eviction process works. If your tenant has violated the lease, generally for non-payment of rent, you may file for an eviction. There are at least two hearings relating to the eviction case. The first hearing is called an Immediate Possession hearing. At these hearings, the landlord must provide evidence that the tenant has violated the lease (generally for non-payment of rent). Landlords are more likely to receive possession of the property if the tenant has failed to pay rent or failed to vacate after given notice of termination of tenancy in a month-to-month situation.

There is a second hearing which is to establish financial damages and seek a judgment against the tenant. If the Landlord is represented by an attorney, this second hearing is considered a "Hallway Hearing." What happens at this hearing is that the former tenant (defendant(s)) will meet with the Landlord's Attorney to discuss the claim for damages. If the defendant does not appear, the Landlord can file for a default judgment. If the defendant does appear and agrees with the damages claim, the parties can enter an agreed judgment and work out payment arrangements. If the parties do not reach an agreement, then the matter is set for a bench trial, which is a hearing in front of the judge. The judge will then make the final decision regarding the damages claim.

At times, Landlords also violate the lease or Indiana Statutes that are to protect tenants. Here at Hildebrand Law, we also represent Tenants in such cases. If you have questions about your rights as a tenant, please contact us to schedule a consultation to discuss. 

We also will meet with Landlords, Tenants, and others to discuss contracts involved in these situations, including land contracts and rent-to-own contracts Please see our page on 

 

Our Landlord Tenant consultations are $50.00 per consult for Tenants. This fee is due to the fact that most of the time when advising tenants, they simply need legal advice and will not retain our office after receiving this information. .

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