Legal Question in Real Estate Law in Indiana

Tenant sneaking out

I had a tenant in a house I own, they have been moving this week , they did not give notice as their lease expired in August, nor thirty days notice , they have not paid rent for October, I filed at small claims court to recover the rent plus they have left motors and taken my fence they had made a dog pen with, after getting notice to go to court they want to pay me. do i settle with them or still go to court and if I do settle what do I do for the courts release.I also have not gained admission to the house at this time to seek further damages. Thanks


Asked on 10/29/04, 9:59 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Tenant sneaking out

If you settle with the tenants for all the money you believe you are entitled to, you merely go back to the small claims court and tell them you want to dismiss. Otherwise, take your pictures of the damages and appear in court for the hearing. If all you want to do is get them out and keep the deposit, you should write up a simple agreement that says you agree to settle the lawsuit for eviction and damages by the tenant vacating the premises and the landlord keeping all of the deposit toward damages and both of you should sign it. You could then submit that to the Court as proof of settlement.

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Answered on 10/29/04, 11:13 am


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