Ind. Allen Cnty. Small Cl. Local Rule LR02-SC16-213

(A) Bifurcated Hearing. Hearings in cases involving possession of real estate

or personal property shall be bifurcated. The initial hearing for possession

shall be set on the trial calendar, or on the claims calendar with prior Court

authorization. A judgment regarding possession of real

estate or personal property will be entered at the initial hearing. A separate

damages hearing shall be scheduled for unpaid rent, property

damage/repairs, cleaning expenses, and missing property. Any filed

counterclaim for damages or refund of the security deposit shall be

scheduled for hearing at the same time.

(B) Lease and Notices. Any written lease agreement for the real estate with

the defendant, including extensions, modifications, amendments, or

addendums shall be filed by the plaintiff with the Notice of Claim, along with

any written notices of default that were sent to the defendant.

(C) Verification of Ownership of Real Estate. The plaintiff in a case for

possession of real estate shall file a Verification of Ownership with the

Notice of Claim. The Verification of Ownership shall be on a form approved

by the Court (Appendix B). The verification shall accurately identify the

owner(s) of the real estate. If the owner of the real estate is a limited liability

company (LLC) or similar entity, the verification shall include the name of

the entity along with the name of the majority owner/shareholder of the

entity.

(D) Property Manager. If the named plaintiff in a case for possession of real

estate and/or damages is not the owner of the real estate, then the plaintiff

shall be represented by an attorney.

(E) Designated Employee. If the named plaintiff in a case for possession of

real estate is the owner of the real estate, then the plaintiff may be

represented by a designated employee consistent with Ind. Small Claims

Rule 8(C). A designated employee must be a full-time employee of the

plaintiff and not a part-time employee, independent contractor, or agent. If

the named plaintiff is a corporation, limited liability company (LLC), or limited

liability partnership (LLP), then an individual with an ownership interest in

the entity may serve as a designated employee.

(F) Contract for Conditional Sale of Real Estate (Land Contract).

1. If a plaintiff is requesting an order of possession with respect to real

estate that is being purchased pursuant to a land contract, the Notice of

Claim must clearly state that the real estate is subject to a land contract,

and a copy of the contract shall be filed with the Notice of Claim.

2. At the possession hearing the plaintiff has the burden of proving that the

defendant has breached the land contract, and that forfeiture is an

appropriate remedy.

(G) Writ of Restitution (Assistance). A party that is granted an order for

possession of real estate or personal property may request a Writ of

Restitution (Assistance) for the Sheriff to assist in obtaining physical

possession of the real estate or property.

1. Unless otherwise authorized by the Court, a Writ of Restitution

(Assistance) shall not be issued until seven (7) days after the order of

possession is granted.

2. All orders for possession of real estate and personal property shall

expire thirty (30) days after the entry of the order.

(H) Disposition of Personal Property. If a tenant leaves personal property of

value at a rental property after being evicted or otherwise vacating the rental

property, then the landlord may dispose of the personal property in the

following manner:

1. Using reasonable care the landlord may remove and store the personal

property in a safe and secure location.

2. The landlord shall notify the tenant by first class mail to tenant’s last

known address that the personal property is being stored and will be

available to the tenant for a period of fourteen (14) days from the date of

the notice. The landlord shall cooperate with the tenant in making

arrangements for the tenant to retrieve the personal property.

3. If the tenant has not retrieved the personal property after the fourteen

(14) day period, the property shall be deemed abandoned, and the

landlord may dispose of the property in a reasonable manner. This

includes destroying the property having little or no value, selling the

property or donating the property to a charitable organization. Proceeds

from sale of the personal property shall be applied to any unpaid rent or

other damages owed by the tenant to the landlord.

Adopted effective Jan. 1, 1988; Amended effective Jan. 1, 2007; Amended

effective June 1, 2020.