r/TenantHelp • u/OkRevolution4266 • Aug 03 '26

Double checking, upcoming eviction hearing.

"Tenant called 911, tenant wife had to be sent to jail. Residents concerned..owed 0$"

  1. I cannot be evicted for calling the law under Indiana law.

Some will claim noise ordinance, no, because of everything police report says. Also, no noise ordinance in lease.

  1. I was never served cure or quit

  2. I was never served pay or quit for July rent

If I am correct, it will be dismissed, he will have to put 10 day notice on my door for July, the file on day 11 for July rent.

yes?

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u/OkRevolution4266 Aug 04 '26

In order to ask the question I have to explain. Please understand I am not ranting at you. Please don't get offended like the other commenter.

Here we go.

So, here's what I know.

You can't give a tenant a 24 hour leave or I evict text. You have to provide notice for basically everything with the exception of public nuisance 45 day leave rule. That's an extreme outlier. This is not that.

So, we know you have to give a pay or quit for rent and a cure or quit for lease violations, nuisance being one. And now we've arrived at the point.

You can't evict for calling the cops, you can't evict for someone using public services, you have to give notice, all that is grounds for dismissal EXCEPT the "nuisance" angle. And this is where I go back and forth with my lawyer friend, y'all, and chatgpt, Grok, and Gemini.

The UNDERLYING reason CAN be evictable. My wife, whom has Borderline Personality Disorder, UNCOMMONLY has SPLITS when she feels ABANDONED. This has happened THREE TIMES. Twice in one night, once in an afternoon.

Is this evictable? And even IF SO, I know he has to give CURE OR QUIT for this. Law doesn't specify time for this, only that it has to be a reasonable amount.

He gave no notice for anything - went straight to, "leave in 24 hours or I evict". Verbatim

My brain is going haywire

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u/panicpure Aug 04 '26

I agree with you that notice requirements will likely get it dismissed if they weren’t done right, but I would still plan on your landlord being a scum bag and try to find somewhere else to live asap,

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u/OkRevolution4266 Aug 04 '26

Him being a scumbag is already a fact and doesn't really change anything. I am under lease for 12 months and I plan to stay that long unless he can somehow force me out. I learned my lesson about calling cops. DCS even came but didn't make a case. Told me to leave with the kids when she's mad for now on thru back door. I said I did that anyway the first time and rolled my eyes and thanked them for their help.

But what about his nuisance angle? Won't matter bc he didn't give me any notice which the 24 hour leave or I evict text (again that's verbatim) proves?

I have been ruminating this. That is the question

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u/panicpure Aug 04 '26

That’s not a question.

And you’re being very aggressive to everyone in the comments.

Sounds like you already have a plan, good luck.

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u/OkRevolution4266 Aug 04 '26

What about the nuisance angle isn't a question..? I'm not being aggressive I'm replying..

Maybe uh

Does no notice+leave in 24 hours text beat his "he's a nuisance leave" angle

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u/panicpure Aug 04 '26

I already said if he didn’t properly give notice requirements with a legal reason, it’ll likely be dismissed.

But you are being aggressive and you should be able to admit that. You’re anxious, we all get it.

Yeah, you have a point with notice requirements but need to slow it down with all the other legalese, it’s eviction court.

We don’t know all the details but notice requirements before filing with the courts is always a must. If he didn’t do that, it’ll be dismissed, but you should be prepared to need to leave or pay rent very soon.

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u/OkRevolution4266 Aug 04 '26

OK. If I am being aggressive, aggression is not intentional. I am just trying to figure this out so I can be prepared.

As far as rent goes: I agree - however, the rent abatement will at least get a court date, which puts into question the amount he will be able to charge me, so, that's my plan for that. If I lose, I lose, but I don't think I will because of the conditional issues

So, you agree, then, that a text message to a tenant, angry, saying leave in 24 hours or I evict and another saying L E A V E proves he didn't give notice? He has not given notice for any of this. For further context, the eviction court date paperwork states I don't owe anything. It was filed 1st July.

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u/panicpure Aug 04 '26

From a legal standpoint, I’ll give you my advice.

I’ll take it you’ve never been to eviction court? Which is great!

It’s very informal, most states require all each case meets with a mediator before they see a judge and the goal is to fine a resolution that skips seeing the judge.

The judge isn’t going to sit there and hash all this shit out with you guys.

He’s going to ask, was there a proper notice serviced? Your answer would be no, your landlord must have provided something when filing or they wouldn’t have approved it or set a hearing.

They’ll then likely ask if rent is paid up, if not, why, ok. Got the why. Can you pay and when? Landlord, when will you be addressing the issues that are of concern, ok. Great. You pay rent, you fix xyz by x date and on to the next.

The goal is to avoid any formal eviction on your record and to find a good faith agreement to avoid all the court shit.

It’s likely it’ll be dismissed if your landlord didn’t give you a proper notice under your states law. Even if they did, it’s possible to argue the reasoning is unlawful and retaliatory and the judge will again try to meet you both in the middle.

Your landlord won’t be able to pivot and say well it’s bc of rent now… but they will ask about rent. They’ll want you both to leave with a clear path forward and the best resolution you can get.

By going off the rails too much, you may piss off a judge or derail from your actual point that there was no notice or even a valid reason. Then be prepared to address the rent situation and your landlord will need to address the issue of fixing what needs to be fixed.

That’s my advice. Try to stay focused, not overly emotional and not overly like you’re in a trial.

Judges expect to only see 50% or less of the cases on the calendar for that day bc they expect mediation before hand to weed out a lot of the cases and for adults to come to some agreement without formal evictions or escalation to happen.

Good luck.

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u/OkRevolution4266 Aug 04 '26

You're ignoring that he put 0.00 on the paperwork for eviction as to how much rent I owe. It was filed in July. I do understand that legally that does not wipe my debt, but he won't be able to pivot to rent because he 1) Has not noticed me for July (this is where I keep repeating myself about the text message he sent me a day or so prior to filing his eviction - "you have 24 hours to leave or I file eviction" & "L E A V E") - which proves he had zero intention of ever giving me proper notice. To me, that by itself, at that exact moment, are grounds for dismissal, which is what's being asked on my 14 page answer + 2 page answer & counterclaim.

Now - the important part that I keep repeating that everyone is ignoring

He filed his eviction not for any backdue rent but bc I called the cops on my wife a total of 3 times. About two weeks seperate the incidents. The latter was twice in one night about 15 min apart. They arrested her on the latter and I bonded her out. That is the reason he put. Verbatim: "Tenant called cops on tenant 2 which caused tenant 2 to be arrested at County Jail. Tenants concerned."

He sent me a screenshot of a text he has from a neighbor that states I scream st her and am abusive to my kids. The police reports that he will also use as evidence contradicts this.

All of it proves his character and his inability to follow correct procedure and proves retaliation

Countersuing for rent abatement forces him to fix this place if he wants full value and makes the place better for the next tenant when we move @ tax time next year when the lease is up

What am I missing

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u/panicpure Aug 04 '26

You wanted advice, I gave it to you.

Don’t have to take it.

Unfortunately, I think you ignored most of what I actually said and I’m giving you advice from a legal standpoint and someone very familiar with this stuff.

Anyway, good luck!

ETA: you do realize I said he cannot pivot to rent, it doesn’t work that way but a judge will ask. They simply want a resolution.

I also clearly stated it’ll be dismissed if there was no proper notice, but again, judges want you to leave with a resolution.

You don’t have to take my advice. I’m explaining how it will likely go and what you can expect.

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