Ind. Elkhart Cnty. Local Rule LR20-SC16-513

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 small claims calendar. 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 Verification of Ownership 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

Indiana 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 deciding 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.