What to do if I found a small claims court summon in the door from my landlord to regain “possession of real estate”?

UPDATED: Jan 14, 2013

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What to do if I found a small claims court summon in the door from my landlord to regain “possession of real estate”?

When I went to court, I stated that I received no eviction notice. The lawsuit was held up in the air and I was told, “This is an eviction notice”.That does not sound right to me. As I understand it, a landlord has to post or give a tenant an eviction notice before going to court. Was this right?

Asked on January 14, 2013 under Real Estate Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country a landlord is required to serve, mail or post a notice of termination of one's tenancy before filing an eviction lawsuit against the tenant. A summons and complaint ordinarily needs to be personally served upon a defendant, sub-served or served by way of an order of publication.

Good question.


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