Steps of the eviction process in Indiana:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Court serves tenant with summons & complaint.
- Court holds hearing and issues judgment.
- Writ of execution is issued.
- Possession of property is returned to landlord.
Evicting a tenant in Indiana can take around three weeks to four months, depending on the eviction type, and which type of court the hearing is held in.
Grounds for an Eviction in Indiana
In Indiana, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms, or illegal activity. Even so, proper notice must first be given before ending the tenancy.
Grounds | Notice Period | Curable? |
---|---|---|
Nonpayment of Rent | 10 Days | Yes |
End of / No Lease | 1 Month | No |
Lease Violation | “Reasonable” | Yes |
Committing Waste | None | No |
Eviction for Nonpayment of Rent
In Indiana, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 10 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Indiana the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days) or exceptions for weekends or court-observed holidays.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In Indiana, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (1 month for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
In Indiana, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Indiana landlord-tenant law. In all lease violation instances, the tenant is allowed to fix (“cure”) the issue to avoid removal.
If a lease violation is committed, the landlord must give “reasonable” notice. If the tenant does not fix the issue, the landlord can move forward and file an eviction lawsuit.
Tenant responsibilities include:
- Keeping the living space free from hazard and garbage.
- Maintaining appliances and keep them in working order.
- Using facilities and appliances in a reasonable manner.
- Abiding by cleanliness standards.
- Complying with all rules and regulations in the rental agreement.
- Not defacing, damaging or destroying any part of the rental unit.
- Not disturbing other tenants or neighbors.
- Maintaining smoke detectors.
Examples of lease violations:
- Having an unauthorized pet, guest or vehicle.
- Parking in an unauthorized area.
- Not maintaining a certain level of cleanliness.
Eviction for Committing Waste
In Indiana, a landlord can evict a tenant for committing waste (i.e., damaging the rental unit). No prior notice is needed and the tenant must vacate immediately. The tenant does not have the option to fix the issue and must move out.
If the tenant does not move out, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in Indiana
In Indiana, any of the below is illegal. If found liable, the landlord could be required to pay actual and consequential damages, attorneys’ fees, court costs, injunctive relief, or any other remedy that the court sees fit.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about habitability issues to the landlord or any authority tasked to enforce the law.
- Filing a complaint to a government authority.
- Joining or organizing a tenant’s union.
- Testifying in court against a landlord.

Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Indiana by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Giving a copy to the tenant in person.
- Mailing a copy via registered or certified mail with a written acknowledgement of receipt to the tenant’s residence, business, or place of employment.
- Leaving a copy at the tenant’s residence and a copy must be mailed via first class mail.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
10-Day Notice to Pay or Vacate
If a tenant is late on paying rent (full or partial) in Indiana, the landlord can serve them a 10-Day Notice to Pay or Quit. This notice gives the tenant 10 days (not counting weekends or legal holidays) to pay the entire remaining balance or vacate the premises.
1-Month Notice to Quit
For a tenant with no lease or a month-to-month lease in Indiana, the landlord must serve them a 1-Month Notice to Quit to end the tenancy. This eviction notice allows the tenant 1 month to move out.
However, for tenants that don’t pay monthly, the amount of notice differs:
Rent Payment Frequency | Notice Amount |
---|---|
Week-to-Week | 10 Days |
Month-to-Month | 1 Month |
Quarter-to-Quarter | No Statute |
Year-to-Year | 90 Days |
“Reasonable” Notice to Cure or Vacate
For a tenant who has committed a lease violation in Indiana, the landlord must serve them with a “reasonable” notice to end the tenancy. This eviction notice allows the tenant a “reasonable” amount of time to correct the issue or move out.

Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Indiana landlords must file a complaint in the appropriate municipal, small claims, superior, or circuit court. Filing fees vary by court type. Filing fees vary, for example, eviction case filed in the Indianapolis Small Claims Court, is a $97 filing fee. Indiana eviction filing fees range from $86 to $158.
After the eviction lawsuit is filed, it can take a few days for the court to issue the summons
Step 3: Court Serves Tenant with Summons & Complaint
The summons and complaint may be served on the tenant by a sheriff but this isn’t a requirement for proper service.
For evictions held in Small Claims Court, the summons and complaint must be served at least 10 days prior to the eviction hearing.
For drug-related evictions, tenants must be served with a copy of the summons and complaint within 20 days of the date the complaint was filed.
For evictions related to prostitution, the summons and complaint must be served at least five days before the hearing.
The summons and complaint may be served through any one of the following methods:
- Giving a copy to the tenant in person;
- Mailing a copy via registered or certified mail with a written acknowledgement of receipt to the tenant’s residence, business, or place of employment; or
- Leaving a copy at the tenant’s residence and a copy must be mailed via first class mail.

Step 4: Court Holds Hearing & Issues Judgment
The reason for the eviction determines how quickly the eviction hearing will be held.
- For ejectments and/or small claims evictions, the hearing must be held at least five days after the tenant is served with the affidavit.
- For drug-related evictions, the hearing must be held within 20 days of the date the complaint was filed.
- For evictions due to waste, an emergency hearing must be held within three days of the date the complaint was filed.
- For prostitution-related evictions, the hearing must be held within 10 days of the date the injunction was filed.
Indiana state law doesn’t specify how quickly eviction hearings must be held for other eviction types, and when the hearing is held the depends on the trial court’s hearing schedule.
In most cases, if the tenant fails to appear at the hearing, the judicial officer will issue a default judgment in favor of the landlord, meaning the tenant will have to move out.
If the judge rules in favor of the landlord at the eviction hearing, a writ will be issued for possession and the eviction process will proceed.

Step 5: Writ of Execution Is Issued
The writ of execution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant. The filing fee for a writ of execution is $13.
For drug or nuisance related evictions, the sheriff may return to the property no later than five days after the writ of execution is issued.
For all other evictions cases in Indiana, state law doesn’t indicate how quickly the writ of execution must be issued once the judicial officer has ruled in favor of the landlord, but in some cases, the writ may be handed to the tenant in court.

Step 6: Possession of Property is Returned
How long a tenant has to move out of the rental property depends on the reason for the eviction.
For drug-related evictions or if a tenant has created a nuisance on the property, tenants will only have 72 hours from the date the order is issued in favor of the landlord.
For ejectment actions (and most small claims eviction cases), tenants will only have 48 hours after receiving the order for possession to move out of the rental unit before law enforcement officials return to forcibly remove the tenant.
Indiana Eviction Process Timeline
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.
Step | Estimated Time |
---|---|
Initial Notice Period | 10-90 Calendar Days |
Court Issuing Summons | 5-20 Business Days |
Court Serving Summons | 3-20 Business Days |
Tenant Response Period | Not Specified |
Court Ruling | 3-20 Business Days |
Court Serving Writ of Possession | A Few Hours to a Few Days |
Final Notice Period | 48-72 Hours |
Flowchart of Indiana Eviction Process
For additional questions about the eviction process in Indiana, please refer to the official legislation, Indiana Code §32-31-1 to 32-31-9, §32-30-1 to 32-30-2, and the Indiana Rules of Trial Procedure, Rules 4 and 4.1, for more information.
Sources
- 1 IN Code §32-31-1-6 (2019)
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If a tenant refuses or neglects to pay rent when due, a landlord may terminate the lease with not less than ten (10) days’ notice to the tenant unless: (1) the parties otherwise agreed; or (2) the tenant pays the rent in full before the notice period expires.
- 2 IN Code §32-31-1-1 (2019)
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(a) A tenancy at will may be determined by a one (1) month notice in writing, delivered to the tenant.
- 3 IN Code §32-31-1-3 (2019)
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A tenancy from year to year may be determined by a notice given to the tenant not less than three (3) months before the expiration of the year.
- 4 IN Code §32-31-1-8 (2019)
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Notice is not required to terminate a lease in the following situations:…(3) A tenant at will commits waste. (4) The tenant is a tenant at sufferance… (6) The landlord-tenant relationship does not exist.
- 5 IN Code §32-31-7-7 (2019)
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(b) Except as provided in subsection (c), a landlord may not bring an action under this chapter unless the following conditions are met: (1) The landlord gives the tenant notice of the tenant’s noncompliance with a provision of this chapter. (2) The tenant has been given a reasonable amount of time to remedy the noncompliance…
- 6 IN Code §32-30-8-5 (2019)
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(a) A person initiating an action under this chapter to abate a nuisance existing on a property shall, at least forty-five (45) days before filing the action, provide notice to: (1) each tenant of the property; and (2) the owner of record that a nuisance exists on the property.
- 7 IN Code §32-30-7-25 (2019)
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(b) The owner of a place described in subsection (a) may void the lease or other title under which the tenant or occupant holds…Without process of law, the owner may make immediate entry upon the premises.
- 8 IN Code § 32-31-8-6 (2021)
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(d) If the tenant is the prevailing party in an action under this section, the tenant may obtain any of the following, if appropriate under the circumstances:
(1) Recovery of the following:
(A) Actual damages and consequential damages.
(B) Attorney’s fees and court costs.
(2) Injunctive relief.
(3) Any other remedy appropriate under the circumstances.
- 9 IN Code § 32-31-8.5-2 (2021)
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(1) Complaining to a governmental entity responsible for enforcing an applicable building or housing code about a violation with respect to the rental premises that materially affects health or safety.
(2) Complaining to a landlord in writing concerning the landlord’s violation of IC 32-31-5-6 or IC 32-31-8-5.
(3) Bringing an action against the landlord under IC 32-31-6 or IC 32-31-8.
(4) Organizing or becoming a member of a tenant’s organization.
(5) Testifying in a court proceeding or an administrative hearing against the landlord.
- 10 Indiana Rules of Trial Procedure, Rule 4 (2020)
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(D) …If a mailing address is not furnished or cannot be determined or if service by mail or other public means is returned without acceptance, the complaint and summons shall promptly be delivered to the sheriff or his deputy who, unless otherwise directed, shall serve the summons.
- 11 IN Code §32-30-8-8 (2019)
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(a) If the defendant has not been personally served with process…not more than twenty (20) days after the filing of a complaint and the filing of an affidavit that personal service on the defendant cannot be had after due diligence, may cause a copy of the complaint to be mailed to the defendant by certified mail, restricted delivery, return receipt to the clerk of court requested.
- 12 IN Code §32-30-7-10 (2019)
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(a) In an action under this chapter: (1) a copy of the complaint…shall be served upon the defendant at least five (5) days before the hearing.
- 13 Indiana Rules of Trial Procedure, Rule 4.1 (2020)
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(A)(1)…by registered or certified mail…to his residence, place of business or employment with return receipt requested and returned showing receipt of the letter; or (2) delivering a copy of the summons and complaint to him personally; or (3) leaving a copy of the summons and complaint at his dwelling house or usual place of abode…
- 14 Indiana Rules of Trial Procedure, Rule 4.1 (2020)
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(B) Whenever service is made under Clause (3) or (4) of subdivision (A), the person making the service also shall send by first class mail, a copy of the summons and the complaint to the last known address of the person being served, and this fact shall be shown upon the return.
- 15 IN Code §32-30-3-2 (2019)
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(a) …The order to show cause must direct the time within which the order must be served on the defendant and set forth the date, time, and place for the hearing, which may take place no earlier than five (5) business days after the date of service on the defendant.
- 16 IN Code §32-30-8-9 (2019)
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(a) Except as otherwise provided under rules adopted by the Indiana supreme court, upon the filing of a complaint initiating an action under this chapter, the court shall schedule a hearing not later than twenty (20) days after the filing date.
- 17 IN Code §32-31-6-5 (2019)
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If a tenant or a landlord petitions the court to issue an order under this chapter, the court shall immediately do the following: (1) Review the petition. (2) Schedule an emergency hearing for not later than three (3) business days after the petition is filed.
- 18 IN Code §32-30-7-9 (2019)
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(a) After filing the complaint, a complainant may apply to the court for a preliminary injunction. The court shall grant a hearing on the complainant’s motion for preliminary injunction not later than ten (10) days after it is filed.
- 19 IN Code §32-30-8-11 (2019)
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Notwithstanding any other provision of law, and in addition to or as a component of a remedy ordered under section 10 of this chapter, the court, after a hearing, may order a tenant that created a nuisance on the property leased by the tenant to vacate the property within seventy-two (72) hours after the issuance of the order.
- 20 IN Code §32-30-3-10 (2019)
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If the property is in the possession or control of the defendant or the defendant’s agent, the executing officer shall take the property into custody and remove the occupants from the property not earlier than forty-eight (48) hours after the order of possession is served on the defendant or the defendant’s agent.