Property owners can still file eviction notices, court proceedings delayed

GOSHEN, Ind.- Indiana Governor Eric Holcomb signed an executive order halting the processes of eviction and foreclosure in Indiana until pandemic dangers subside, but that executive order does not prevent property owners from filing eviction notices. Instead, it delays the court proceedings that must happen before someone can be forced to vacate the property.

"The interpretation that, in talking to one of the judges here in Elkhart County, is it does not stop the filing of (eviction notices)," said Elkhart County Clerk of Court Christopher Anderson.  "That can still be filed, but the initial hearing for the eviction, the immediate possession is going to be pushed out to mid May to the end of May."

Anderson said if you are served with an eviction noticed while Governor Holcomb's executive order is in place, it is important to stay in touch with your landlord to work out a plan to pay the rent you owe. He said people who present a payment plan to judges traditionally have their court proceedings go more smoothly.

All this came as a surprise to one person who lives in Park 33 in Goshen. She chose to stay anonymous with her comments but said she did not understand why she was given an eviction notice Monday morning.

"It was just a little disheartening, I guess, for the most part," the tenant said. "I'm not months behind on my rent. It's late by three weeks as of today. I made the decision to pay my other bills and make sure everything else was taken care of because what good is an apartment if I don't have my lights turned on?"

Clerk Anderson said county records did not show any eviction notice filing for the anonymous tenant.

The tenant said she and her family fell three weeks behind on their rent because her husband was forced to stay home from work for a period of time due to the coronavirus. She said she has every intention of paying the rent and late fees she owes. She just needs more time.

The tenant did say regardless of the money situation when the pandemic dangers subside, she still plans to find somewhere else to live.

"I would say it's probably a good time for my family to maybe start looking elsewhere and to explore other options because it's just not something that I feel like morally and ethically that I should be a part of," the tenant said.

Park 33 management declined to comment on the story.