Sec. 12. (a) The court, after a hearing under this chapter, may grant a judgment of restitution or the possession of the property to the owner if:

(1) the owner and tenant are parties to the action; and

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Terms Used In Indiana Code 32-30-8-12

  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • property: means a house, a building, a mobile home, or an apartment that is leased for residential or commercial purposes. See Indiana Code 32-30-8-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
  • tenant: means a person who leases or resides in a property. See Indiana Code 32-30-8-3
(2) the tenant has failed to obey an order issued under section 10 or 11 of this chapter.

     (b) If the court orders the owner to have possession of the property, the court shall require the sheriff to execute the order of possession not later than five (5) days after the order is issued.

     (c) If the owner is awarded possession of the property, the owner may seek an order from the court allowing removal of a tenant’s personal property under IC 32-31-4.

[Pre-2002 Recodification Citation: 34-19-3-12.]

As added by P.L.2-2002, SEC.15.