Eviction FAQs

How do I seek back rent?
Once your summons has been served on your tenant, you must wait 20 days from the service date to ask the Court for a hearing on back rent and damages. You will need to file a Motion for the Judge to determine if a hearing will be granted. If the Judge grants the hearing, you will be notified by mail.

What will I need to file an eviction?
Our office provides an Eviction Checklist that covers these requirements. This checklist can be obtained at the Marion County Clerk's Office, Summary Claims Division, Room 205, located on the 2nd floor.

Where do I pay my rent after I have been served with an eviction summons?
When you are served an eviction summons, you are instructed to pay the rent that is due into the Registry of the Court. You pay that at the Marion County Clerk's Office, Summary Claims Division Room 205, located on the 2nd floor. You are also required to pay to the Clerk of Court a registry fee of 3% for the first $500.00, and 1.5% for any amount thereafter. If the tenant does not agree with the amount the landlord has stated in the complaint, the tenant can put in the amount they think they owe and request a hearing before the Judge on that issue.

How long does it take to evict a tenant?
We cannot determine how long it takes to go through the process, it will depend on certain factors that affect the process.

If my tenant deposits rent into the Court Registry, how do I get the money?
Money deposited into the Court Registry can only be released with a Court Order. You can file a motion and ask the Judge to release that money from the Court Registry.