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
(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.
Structure Indiana Code
Article 30. Causes of Action Concerning Real Property
Chapter 8. Actions for Drug Nuisances
32-30-8-4. Actions to Abate Nuisance; Persons Authorized to Initiate
32-30-8-5. Action to Abate Nuisance; Notice; Requirements
32-30-8-7. Application of Trial Rules to Notice; Posting Requirement
32-30-8-8. Service Upon Defendant
32-30-8-9. Hearing; Service Upon Owner of Property
32-30-8-12. Restitution; Possession; Removal of Tenant's Personal Property
32-30-8-13. Plan for Correction
32-30-8-14. Proof That Defendant Knew of Nuisance Not Required