Q: i am in active bankruptcy and my landlord typed a letter of eviction to be out in two weeks can she do this
she said we have two weeks to be out and i lost my job she knew that we are only behind for the month of june she notorized this paper herself calling it a legal document more or less and said we had two weeks to get out and if we weren't out then she would have a 24 hr eviction notice.
A:
No. If you are behind on rent your landlord may post what is called a 10 day notice to pay up or quit the premises. That gives you notice that if you do not make your rent current within 10 days then she has the right to file for an eviction. Landlords in Indiana are required to post this notice before filing for an eviction unless you waived this requirement in your lease.
If your landlord wants to legally remove you from the property she must obtain an eviction order from the local court. In order to do this she has to file for an eviction first. This means giving you notice of the time and date of the hearing and giving you a chance to defend yourself in court. If you are behind on the rent though she will most likely obtain the eviction. If she is successful in court she will have the eviction order and you will be ordered by the court to be out of the property by a certain date, most likely within a week.
She can file for what is called an emergency eviction order. These are not given out lightly though and are only done in circumstances where the property is being destroyed, under threat of being destroyed or there is ongoing criminal activity. She would have to show evidence of these in order to obtain an emergency eviction order.
Bankruptcy will not stop an eviction order from being obtained. It can stop proceedings against you for monetary damages related to the property you are renting.
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