Evicted? What to expect
Guest blogger Whitley Wynns of the Grassroots Maternal and Child Health Initiative shares advice from their work with mothers who are part of their Healthy Beginnings at Home Initiative.
Small Claims Court: Evictions and Housing Lawsuits
Indianapolis currently ranks second behind New York City for the number of annual evictions and ranks 14th for its eviction rate. After an eviction, individuals and families face few options for affordable, safe, and habitable housing. This forces them to live in unsafe housing conditions with landlords who refuse to improve the property. This article aims to shine a light on what tenants need to know about the eviction process, as well as their options to hold landlords accountable for ignoring safety issues with their properties.
Evictions occur when a tenant breached the lease of a rental property. Because the lease is SO important in this relationship between a tenant and landlord, it is important to read it carefully. Before signing the lease, take pictures of the property, ask the landlord questions if clarification is needed, and make sure that anything you or your landlord has discussed is included in writing in the lease. You will also want to make sure that you ask for and receive a copy of the final lease that you sign in order to hold your landlord accountable for their responsibilities as outlined. If a tenant breaks the lease, it is typically because of unpaid or late rent payments, significant damages to the property, staying in the property longer than allowed, having people live in the unit that are not on the lease, or causing major disruption to neighbors. If a tenant is facing eviction, the tenant will receive a notice with a court date from the courts by mail or from a sheriff. The eviction hearing will occur in small claims courts within the district where the tenant is facing eviction based on the location of the property.
It is highly encouraged that tenants attend the eviction hearing because this is where the tenant will be able to show any evidence that might contradict the landlord’s claims of breach of lease. Information to bring to the eviction hearing may include, but is not limited to pictures of the property, all written communication, and a copy of the lease. This evidence could lead the judge to rule in favor of the tenant and not evict. If the judge rules in favor of the landlord, then the tenant will be given a certain amount of time to move out of the property by the court. Landlords cannot evict a tenant without a court order, which comes from the small claims court after the eviction hearing. This means landlords cannot change the locks, remove the front door, turn off utilities, or threaten force/violence to get you to move out. If this occurs, you may be able to sue the landlord in small claims court for violating the law.
Although most tenant-landlord issues are played out through the eviction process in small claims court, tenants can also use those same courts to hold landlords accountable for breaking Indiana law. Landlords must abide by health and housing codes and landlord-tenant laws in Indiana. If a tenant believes the landlord has violated the law, the tenant may file a complaint with their local county health department or file a complaint in small claims court which would start the lawsuit process. If a tenant has filed a complaint and receives retaliation from the landlord, the tenant may be able to sue the landlord for retaliation as well. If a tenant is facing any issues with their landlord, it is not advised to withhold rent. A court may award the tenant with damages that the landlord must pay if they lose the lawsuit.
If you want to file a complaint in small claims court against your landlord, report the violation to your local office responsible for housing code enforcement. You may also file a complaint in your local small claims court to begin a lawsuit against your landlord.
