Legal Question in Real Estate Law in Indiana

Re: Evictions

During the pendency of an eviction proceeding if the tenant pays up the past due rent and brings all rent current for the month in which the hearing is to be held (either by paying the same to the landlord, his attorney or to the Court), the best the tenant can hope for is that the landlord will decide to drop the proceedings due to the payment. The next best is that the landlord will agree to a continuance to the next month to see that that payment is made and then dismiss. The worst alternative is for the landlord to elect to proceed and the judge to determine that the tenant must move at the end of the current month. The problem is that unless the tenant approaches the landlord or his attorney with a proposal of this nature, some landlords or their attorneys won't given an answer until all rent is brought current. If the answer is then no, move at the end of the month, the tenant has usually tapped all sources and has no money to move with. If the tenant uses such resources to move, he will still owe the past due rent and may owe additional rent to the end of the lease. I would advise the attempt to bring the rent current and get a continuance to the next month (to avoid immediate eviction) for payment in the hopes the landlord would then drop the proceeding. Remember if there is a written lease it might well require the tenant to also pay attorney fees. In all events, the tenant will be required to reimburse the landlord the costs of filing suit.