Evictions can be overwhelming for both landlord and tenant. In Indiana, eviction laws vary from state to state—and even county to county—so, it can be a confusing experience for anyone new to the process.
Each eviction process depends on your lease agreement, property location, and other important details, which we’ll go over below. The more you understand each step and what to expect along the way, the more successful the outcome.
In this article, we’ll go over everything a landlord needs to know when evicting a tenant. We'll also discuss the rights of both landlords and tenants and provide tips for record-keeping to help avoid issues during eviction.
Let’s get started.
In Indiana, eviction is the legal process by which landlords can remove tenants from their property. This can occur due to various reasons, such as failure to pay rent, lease violations, property damage, and more, which we’ll go over below.
Like many other states, in Indiana, a landlord can’t evict tenants on their own. Even if the tenant has signed a lease agreement, they have rights to the property as outlined in the lease, unless they do in any of the following:
If there's no lease agreement, Indiana law generally requires landlords to provide the tenants with proper written notice before the eviction process can begin.
Indiana law prohibits a landlord from taking certain actions before and during the eviction process. These actions include the following:
Remember that both landlord and tenant have their own rights in Indiana and that tenants can sue landlords for not following the proper eviction process. Let’s go over Indiana’s eviction process below so you can ensure you take the right measures when evicting a tenant.
While there are many steps involved, the eviction process in Indiana is fairly straightforward. Here’s how it works:
Now let’s go over it in detail.
The eviction process can begin after the landlord issues a written notice to the tenant and provides enough time to respond. Depending on the reason, this could be a notice for non-payment of rent, a cure or quit notice for lease violations, or an immediate quit notice for serious breaches.
After notice, landlords must file an eviction lawsuit in the relevant county court and pay any filing fees. From here, it takes anywhere from 10 to 90 days from the issuance of the notice for the tenant to vacate. For monthly leases, a 30-day notice is required. Yearly leases receive a 90-day notice.
After a complaint has been filed, a court official will typically deliver a summons to the tenant for the court hearing. The tenant does not have to respond.
Both parties present their cases before a judge, who will make a ruling. If the tenant wins the case, the rental agreement can continue and the tenant is not evicted. However, if the landlord wins the case, a Writ of Execution is issued either that same day or a few days later if necessary.
A Writ of Execution is a court order that provides the right to take action such as confiscating a person’s property in order to pay someone the money owed. In this case, a Writ of Execution gives the tenant a maximum of 72 hours (depending on the lease violation) to vacate the property.
If the tenant has not moved out after the time stated in their Writ of Execution, a sheriff must appear on the property to evict the tenant.
If the tenant leaves behind their belongings, a landlord must get a court order to dispose of or remove anything, which they can then place in a storage unit. Then, they can inform the tenant to retrieve their items in 90 days and pay for the storage unit. If the tenant fails to gather their possessions, the storage unit can sell or auction off the items.
The duration varies but typically takes several weeks to a few months, depending on the case's complexity and the court's schedule.
It’s a good idea for parties to keep detailed records of all interactions, transactions, and communications during the rental process. Keep these items in a safe place so you can retrieve them if needed:
Additionally, a landlord seeking to evict a tenant will likely be more successful if they have evidence of lease violations. Here are a few examples of proof:
Understanding and following the Indiana eviction process is crucial for a smooth and lawful eviction. By adhering to legal procedures and maintaining clear records, both landlords and tenants can navigate the eviction process more effectively and with less stress.
Yes, it is unlawful to force evict a tenant, including cutting off the tenant’s water or electricity or changing the locks.
Tenants have the right to a proper eviction notice, to contest the eviction, and to remain on the property until a court order is issued. Landlords have the right to serve eviction notices, file lawsuits for non-compliance, inspect and maintain the property, receive rent on time, and legally regain property possession.
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