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Updated over 4 years ago on . Most recent reply

User Stats

346
Posts
93
Votes
Gabe G.
  • Greenwood, IN
93
Votes |
346
Posts

cdc stoppage of evictions, question inside

Gabe G.
  • Greenwood, IN
Posted

I filed for eviction on a tenant before the cdc order was in effect. The court date was set for one month out. I showed up, provided evidence that the tenant was not only behind on rent but also in violation of a lease policy to not have any pets in the home without approval. Prejudgement order of possession was entered for both non payment and the pet violation. A writ was issued. The date of move out came, and went and the tenant did not move out. I scheduled the move out crew and the move out date is this Monday. While I have not received the cdc declaration form I have heard from the tenants they will be mailing it. My question, I am not concerned about me violating the order, as there was multiple reasons for the eviction, other than non payment, including the pet. If the declaration is shown to the constable and move out crew on Monday. What is your thoughts on how the constable will handle it? My expectation normally would be the constable doesn't get involved, they have the judges order to remove them from the home, and that's what they would do. However, these are abnormal times.

Obviously I would make it clear to the constable the order does not apply, as the possession order was for both non payment and other breaches of lease.

Anybody gotten to this point yet?

This is in indiana

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