Back in January this year, I filed eviction thru small claims court on a tenant, she was 30 days behind, I got the court order procession, court ordered the tenant move out within 72 hrs.
After I had procession, the tenant move most of their furniture and personal belongings, left bunch of food, clothing and junks behind, so I donated whatever are decent to a charity and thru the rest a way, it took 4 days and 2 guys to finish that and 3 more days for cleaning and repair.
2nd court day come around for judgment on damage and back rent, tenant's parent hire an attorney to represent her, try to argue they did not have enough time to move, whatever left behind was valuable, and by law, I have to kept in storage for up to 90 days, the judge thru this portion of the argument out because the hearing was for back rent and damage.
The initial judgment awarded was $1780, which covers back rent and cleaning, so I appeal the case for additional late fee and others which later I won an additional $640, for total judgment of $2420 plus court cost.
July 1, I started the collection process thru court, file all the paperwork,
and the tenant's attorney file a counter sue for their personal property left behind for $2000 and I got the court summon July 15th.
So, I filed a motion to dismiss the case as followed:
DEFENDANT’S MOTION TO DISMISS CASE
Comes now Defendant, Jy101 in the above captioned case and requests that the case be dismissed, without prejudice, and in support of this motion would show the Court the following:
1. That the defendant, as Landlord, took procession of the property at xxx st, xxx town, Indiana on Feb 8, 2008 after obtain a court ordered possession, Case No. 43D03-0801-SC-1 on Feb 1, 2008.
2. That the plaintiff was never given any forwarding addressing or phone number to landlord for further notices to be send.
3. That the defendant, as Landlord, under INDIANA CODE IC 32-31-4-2 (b) had determined that tenant has abandoned the premise and any personal property left behind, since she had sufficient time to move after appearing the hearing on Feb 1, 2008, and the defendant had left the premise open and unlock for an additional 7 days after possession in order for tenant to take their belongings.
4. That under INDIANA CODE IC 32-31-4-2 (a), A landlord has no liability for loss or damage to a tenant’s personal property if the tenant’s personal property has been abandoned by the tenant.
On the same day I got the court summon, I forwarded it to my insurance and file a claim under landlords liability, today, the insurance adjuster called, I told the insurance that I DO NOT want to settle with the tenant, so the adjuster said they will hire an attorney defend me on this case.
I currently have 24 open case on eviction, judgment, collection or civil warrant, I am in court once or twice a week. and I also got sued or counter sued numerals times, but so far I had not lost any cases.
more to come, as I post any updates.........
| If you carry out standard eviction procedure with sheriff |  | |
| 来源: miat42 |
So, it's clean.
I rather follow standard sheriff facilitated eviction procedure even if I know that tenant has moved out. I will pay $600 to the moving company even if they have very few or almost nothing to move. You see my point.
In my county, I must clean up the curb side where I dumped tenant's belongings after 48 hours (I forgot how long) if tenant doesn't remove everything. I must do this not to serve the tenant, but to abide by the county's rule to keep the street and environment clean. Basically, once the tenant's stuff are out on the street, they are in nobody's possession, passersby can pick them up and carry away. As a courtesy, I will call tenant after stuff are moved so that he/she can come to get them before passersby take them.
