Indianapolis, IN asked in Real Estate Law, Collections and Landlord - Tenant for Indiana

Q: My lease was up July 31 2018. I moved out, landlord sent eviction notice in September after I'd moved. Is this legal?

Got notice of Motion for 41E dismissal today, September 22, and I'm not sure what it means. Can I fight this eviction as I was no longer under a lease or even in the property?

1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
  • Landlord Tenant Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: There should be no need for an eviction if you have already moved out. If there is a hearing date, be sure to show up for that. That said though, if you got a notice of motion for dismissal, that means that one side is attempting to dismiss the case. Contact the clerk of the court to find out what is happening with the case and if it has been dismissed.

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