Landman Beatty Lawyers wants to keep our clients and the general public informed as to how the Coronavirus, the disease it causes (COVID-19) and the most current government responses to them, may affect our clients, the general public and certain aspects of the Landlord - Tenant relationship in Indiana.
The Centers for Disease Control and Prevention (CDC) of the Department of Health and Human Services issued an Order under Section 361 of the Public Health Service Act to temporarily halt residential evictions to prevent the further spread of COVID-19. The CDC's action is set to take effect Friday, September 4, 2020. Pursuant to the Order, A Landlord may not evict any "Covered Person" from any residential property for nonpayment of rent, during the effective period of the Order, which is expected to expire on December 31, 2020. It is important to note, there are a limited set of circumstances in which the Landlord cannot pursue an eviction action. The CDC's order does not halt all eviction proceedings, but only those for non-payment of rent and in which a tenant provides a Renter's Declaration.
Additional information regarding the CDC's order and its potential impact on Landlords is available below.
In light of the new CDC order, Landman Beatty Lawyers has examined options for Landlords to move forward in the event a Tenant submits such a Declaration before the CDC Order expires on December 31, 2020.
The Indiana Supreme Court recently implemented the "Landlord and Tenant Settlement Conference Program". This program provides a way forward, before or after filing an eviction towards the recuperation of unpaid rent. A successful mediation would allow the Landlord to begin receiving payments of rent and, perhaps, an opportunity to verify a Tenant Declaration submitted pursuant to the CDC's Order. Further, a successful mediation would allow the Tenant to avoid an unmanageable debt once the eviction moratorium expires. No additional court costs are incurred for mediations conducted prior to, or after filing for eviction. Mediation, generally, also has the benefit of letting the parties, rather than a judge, control the situation. Mediation is an option at all times, regardless of whether or not a Tenant Declaration has been received. Landman Beatty Lawyers welcomes an opportunity to assist you with your mediation needs.