Indiana Eviction Process

Last Updated: November 3, 2025 by Noel Krasomil

Indiana landlords dealing with difficult tenants need a solid understanding of the Indiana eviction process and laws. To help, this guide explains valid eviction reasons, outlines the legal process, and reviews landlord-tenant laws that shape rental housing across the state.

How Indiana Law Defines Eviction

An eviction in Indiana occurs when a landlord uses the court system to remove a tenant for nonpayment of rent, breaking the lease, or violating other rental terms. Landlords must follow Indiana’s strict notice and filing rules to keep the process legal and enforceable.

Indiana’s eviction laws appear in Indiana Code Title 32, Article 31, which outlines notice timelines, court procedures, and tenant rights across the state.

Eviction With Just Cause

“Just cause” in Indiana means a landlord has a valid legal reason to end a tenancy early, such as unpaid rent, major lease violations, or severe property damage.

Indiana landlords can evict tenants for just cause when they follow the correct legal steps. Common examples include missed rent, illegal activity, or neglect that harms the property. In most cases, landlords must serve the proper notice first before filing in court.

Strong documentation can make or break an eviction case. As such, landlords should maintain detailed rent ledgers showing payment history, take dated photos and videos of the property during move-in, routine inspections, and move-out, and keep thorough written warnings or notices for lease violations.

Applicable law: Ind. Code § 32-31-1-8, Ind. Code § 32-31-7-7

No-Fault Evictions

Indiana landlords can end a fixed-term lease without cause once it naturally expires. When that expiration date arrives, landlords can simply choose not to renew (unless the lease specifically guarantees renewal). Landlords cannot force a tenant out early without a legal reason, such as unpaid rent or a major lease violation.

For month-to-month tenancies, Indiana landlords can end the rental at any time by giving at least 30 days’ written notice before the next rent due date. In cities like Indianapolis or Evansville, local rules or lease terms may require longer notice, and landlords must follow those timelines before filing for eviction.

Applicable law: Ind. Code § 32-31-1-8, Ind. Code § 32-31-1-1

Grounds for Eviction in Indiana

Landlords in Indiana may evict tenants for several legally recognized reasons, which include:

Non-Payment of Rent

Indiana law does not guarantee tenants a grace period for late rent. When rent goes unpaid, landlords can issue a 10-Day Notice to Pay or Quit, giving tenants 10 days to pay in full or move out. If the tenant never pays rent, landlords can file for eviction in court.

Delivering the 10-Day Notice promptly helps protect your legal rights and establishes a clear timeline for recovering unpaid rent or regaining possession of your property.

Applicable law: Ind. Code § 32-31-1-6, Ind. Code § 32-31-1-7

Lease Violations

A lease agreement defines how landlords and tenants must treat the property and each other. When a renter breaks those terms, Indiana landlords can take legal steps to end the tenancy and reclaim control of their unit.

Common examples of lease violations include:

• A tenant installs a washer and dryer without approval, tripping breakers and damaging the unit’s electrical system.
• A renter hosts late-night parties, drawing repeated noise complaints from neighbors.
• A tenant paints the front door bright red and replaces the lockset without notifying the property owner.

Lease agreements protect both sides by setting clear boundaries for how the property should be used. Landlords should review each lease carefully, enforce it consistently, and address any problems early before they escalate.

Applicable law: Indiana Code § 32-31-7-5, Indiana Code § 32-31-1-8

Illegal Use of the Premises

Indiana landlords can evict tenants who engage in criminal activity on or near the rental property. Whether a tenant sells drugs from the basement, hosts illegal poker nights in the garage, or rewires the meter to steal electricity, those actions violate state law and the lease agreement.

Criminal behavior puts everyone at risk, from nearby residents to property owners. Landlords should gather detailed evidence, contact local law enforcement, and start the eviction process immediately once safety allows.

Applicable law: Indiana Code § 32-31-1-8, Indiana Code § 32-30-8-5

Tenant Actions that Threaten Health or Safety

Landlords must act quickly when tenant behavior threatens the health or safety of a rental property. Such behavior not only violates lease terms but also provides legal grounds for eviction under Indiana law.

Common examples of health and safety violations in Indiana include:

• Storing propane tanks or flammable materials inside the unit.
• Ignoring sewage backups or unsanitary waste issues.
• Blocking exits or balconies with furniture and debris.

These actions endanger the property and other residents, giving landlords the right to begin eviction proceedings. Landlords should document every unsafe condition, issue a written notice referencing lease and code violations, and proceed with eviction if the tenant refuses to correct the hazard.

Applicable law: Indiana Code § 32-31-7-5, Indiana Code § 32-31-8-5

Destruction or Neglect of the Rental Unit

Indiana landlords should stay alert for tenant behavior that damages or neglects the property. Whether a renter leaves food to rot in the kitchen, scratches hardwood floors by dragging heavy furniture, or piles trash in the yard for weeks, the law supports a landlord’s right to take action.

To start the lease, Indiana Code § 32-31-7-5 requires tenants to avoid damaging or removing any part of the rental unit. At the end of a lease, Indiana Code § 32-31-7-6 obligates tenants to return the property clean and in good condition, allowing only normal wear and tear.

Landlords should document everything with time-stamped photos and videos at both move-in and move-out. Keep all repair receipts, note specific lease violations, and provide written notice referencing the damage. Landlords can strengthen their case by submitting this documentation if an eviction or small claims action becomes necessary.

Applicable law: Indiana Code § 32-31-7-5, Indiana Code § 32-31-7-6

Tenant is in a Month-to-Month Rental Contract

Indiana landlords can end a month-to-month rental agreement at any time without giving a specific reason. To do so, they must provide tenants with at least 30 days’ written notice using a Notice to Quit form. Once that notice period ends, the tenant must vacate the property.

If the tenant refuses to leave by the deadline, the landlord can file an eviction case in the local court that has jurisdiction. Keeping a dated copy of the notice and proof of delivery helps strengthen the landlord’s case if it reaches court.

Applicable law: Indiana Code § 32-31-1-1, Indiana Code § 32-31-1-8

Step-by-Step Eviction Process in Indiana

Indiana landlords must follow a seven-step process to evict a tenant legally. The procedure includes giving notice, filing in court, attending the hearing, and regaining possession with help from law enforcement (if necessary).

Here are the steps landlords must take, in order:

1. Deliver Notice to the Tenant

Start the eviction process by serving the proper notice to your tenant. Identify the exact reason for removal, whether it’s unpaid rent, a serious lease breach, or property damage. Use the correct notice type under Indiana law and allow the tenant time to fix the issue when required.

Certain violations, such as illegal drug activity or intentional property destruction, do not allow a cure period. Follow Indiana’s service rules carefully to ensure the notice holds up in court.

Notice Forms & Timelines

• Non-payment of rent: Serve a Notice to Quit giving the tenant 10 days to pay or vacate.
• Lease violation (other than non-payment): Deliver a Notice to Cure or Quit allowing a reasonable timeframe to correct the issue.
• Non-curable violations: File immediately if the tenant commits waste, holds over, or engages in illegal activity.

Landlords typically deliver notices in person or by Certified Mail to properly document service.

Applicable law: Indiana Code § 32-31-1-7, Indiana Code § 32-31-1-8, Indiana Code § 32-31-7-7

2. File an Eviction Lawsuit Against the Tenant 

When the notice period ends or the tenant fails to fix a curable violation, the landlord will file a Complaint for Possession with the local Indiana court. The filing must include the lease agreement, proof of notice delivery, evidence of the violation, and payment of the court’s filing fee.

After submitting the paperwork, the court clerk will schedule a hearing and issue a summons to both parties. The tenant will receive official notice under Indiana’s service rules. The process server or sheriff who delivers the summons will complete a Return of Service, documenting the date, time, and method of service.

Most Indiana courts charge between $80 and $90 to file an eviction, plus an additional service fee of about $28, depending on the county.

Applicable law: Indiana Code § 32-30-3-2, Indiana Code § 32-31-1-6

3. Serve Court Summons Paperwork to the Tenant

After the court clerk sets a hearing date, the landlord will arrange for the county sheriff or a licensed process server to deliver the summons and complaint to the tenant. The landlord will provide the proper documents, such as the complaint for possession and summons form, and pay the local service fee.

Once the tenant receives the summons, both parties will prepare for the court date. The tenant may submit an appearance form, though many Indiana courts require only attendance at the hearing. The landlord will gather evidence, bring copies of the lease and payment records, and appear ready to present the case before the judge.

Applicable law: Indiana Code § 32-31-1-9, Indiana Code § 32-31-7-7

4. Attend the Eviction Hearing

When the court date arrives, the landlord will appear in person or with an attorney, and the tenant will do the same. Both will stand before the judge to present their cases. The landlord can bring the lease agreement, proof of notice delivery, rent payment records, photos or videos showing the violation, and any witness statements that support the claim.

The tenant may challenge the landlord’s claims or explain why the eviction should not continue. The landlord will clarify details, answer questions directly, and show how the case meets Indiana’s legal standards before the judge begins deliberating.

Applicable law: Indiana Code § 32-31-1-9, Indiana Code § 32-31-7-7

5. Court Reaches a Ruling

After the hearing ends, the judge will review all the evidence and issue a decision soon after. In most Indiana courts, the ruling will come the same day, but some counties may take up to a week to finalize the judgment.

If the judge rules in the tenant’s favor, the tenant will remain in the property, and the landlord will need to explore other legal options. If the judge rules in favor of the landlord, the court will issue a Writ of Possessio. The tenant may file a Notice of Appeal within 30 days of the ruling if they believe the court made an error.

Applicable law: Indiana Code § 32-30-3-7, Indiana Rules of Appellate Procedure Rule 9

6. Judge Issues a Writ of Possession

The Writ of Possession authorizes the county sheriff to remove the tenant and return possession of the property to the landlord. The writ gives tenants one final deadline before law enforcement steps in.

Once the writ takes effect, the landlord will work directly with the sheriff’s office to schedule enforcement. The tenant will typically have 48 to 72 hours to move out voluntarily. If they fail to leave, the sheriff can then remove the tenant and their belongings.

Applicable law: Indiana Code § 32-30-3-7, Indiana Code § 32-30-3-10

7. Law Enforcement Executes the Writ of Possession

If the deadline passes and the tenant still refuses to move out, the landlord will contact the county sheriff to execute the Writ of Possession. The sheriff will arrive at the property, remove the tenant and their belongings, and return control of the rental unit to the landlord.

After enforcement, the landlord will follow Indiana’s rules for handling abandoned tenant property. Under Indiana law, the landlord must obtain a court order before removing or disposing of any belongings unless the judge specifies otherwise. The landlord must also notify the tenant of where they’re holding the property and keep it for up to 90 days before disposing of it.

Applicable law: Indiana Code § 32-30-3-10, Indiana Code § 32-31-4-2

Tenant Defense Against Eviction in Indiana

Facing eviction can upend a tenant’s life. Losing housing can strain finances, disrupt work, and leave a lasting mark on your rental history. Fortunately, Indiana tenants have rights and options to defend themselves in court.

Tenants should gather evidence such as payment receipts, photos of the unit, repair requests, and written communication with the landlord. Well-organized documentation can strengthen your case and demonstrate to the court that you acted responsibly.

If the process feels overwhelming, tenants should seek legal guidance. Indiana Legal Services offers free or low-cost assistance to qualifying residents statewide. Accessing professional help early can improve your chances of keeping your home or negotiating a fair resolution.

Timelines to Expect

In Indiana, an eviction can be completed in 3 weeks to 4 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

Below are the parts of the Indiana eviction process outside the control of landlords for cases that go uncontested.

Flowchart of the Indiana Eviction Process

Typical Court Fees

The average cost of an eviction in Indiana for all filing, court, and service fees is $328. However, the cost can vary heavily on the service and eviction execution fees. Eviction lawsuits are filed in Small Claims Court in either Circuit Court or Superior Court.