Legal Question in Landlord & Tenant Law in Indiana

Pre-emptive immediate possession filing?
We have a tenant whose lease is up and we will not be renewing it. We will give them the 30-day written notice on March 1st, but we strongly believe they will not leave at the end of their term (March 31st). Court dates for immediate possession hearings are running about 3 weeks out--meaning if we filed April 1, we wouldn't get a court date until April 21st and then they'd get another week from there. Can we file for immediate possession before their move-out date has come? We'd like to file on March 10th so that we can get an April 3rd court date and not lose another month to these people. Its worth the court costs to us to know we could save some time if necessary. If by some miracle they do leave, we would just cancel the claim and (happily) eat the court costs.

Asked on 2/24/06, 1:34 pm

Steve Haddad Steve E. Haddad Attorney at Law

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Re: Pre-emptive immediate possession filing?

unfortuantely you have to wait the whole 30 days before you file, serve them and then get a hearing.

Answered on 2/24/06, 2:15 pm

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