Cal. Civ. Code § 32-30-8-12
Restitution; possession; removal of tenant's personal property
Operative Text
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.
Indiana Code § 32-30-8-12 establishes the conditions under which a court may award a property owner a judgment of restitution or possession after a hearing, specifically when both the owner and tenant are parties to the action and the tenant has not complied with a prior court order. If possession is granted, the sheriff is required to carry out the order within five days of its issuance. Additionally, the provision allows the owner to seek a separate court order for the removal of the tenant's personal property, governed by IC 32-31-4.
Plain English — not legal advice.
Under Ind. Code § 32-30-8-12, a compliant property owner who has obtained a possession order ensures that the sheriff's execution of that order occurs within the statutory five-day window, without taking self-help measures to remove the tenant or their belongings. If personal property remains on the premises after possession is granted, operators generally pursue a separate court order under IC 32-31-4 rather than removing items unilaterally. Maintaining documentation of all court proceedings and orders supports a clear record throughout this process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-30-8-12 means that a court can only grant the owner possession after a formal hearing in which the tenant is a named party and has been found to have violated a prior court order — tenants who are not properly made parties to the action are not subject to this judgment. If a possession order is issued, the sheriff must act within five days, but the owner must obtain an additional court order before removing any personal property under IC 32-31-4. Tenants who believe procedural requirements were not followed may raise those issues as a defense in the proceeding, and consulting a tenant-rights organization can help clarify available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
No inbound references recorded yet for this provision.