Indiana Eviction Process

Last Updated: May 13, 2024 by Roberto Valenzuela

Evicting a tenant in Indiana can take around 3 weeks to 4 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
• Committing illegal activity

Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.

Nonpayment of Rent

In Indiana, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 10 days’ notice to quit, which gives the tenant the option to pay the balance due or move out. [1]

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Indiana the day immediately after its due date. Indiana landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.

If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

End of Lease or No Lease

In Indiana, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant proper 30-days’ notice to move out. [2]

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Lease Violations

In Indiana, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Indiana landlord-tenant law. To do so, the landlord must give the tenant a notice to comply or vacate, which gives the tenant a reasonable amount of time to fix the issue or move out. [5]

Examples of lease violations include:

• Failing to maintain the rental unit in a clean and sanitary manner
• Refusing to allow the landlord access to the rental unit
• Using fixtures or appliances in an unreasonable or unsafe manner
• Causing minor property damage (i.e. small holes in sheetrock or missing blinds)
• Disturbing the peace and enjoyment of others

If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Criminal or Illegal Activity

In Indiana, a landlord can evict a tenant for committing criminal or illegal activity on the premises. To do so, the landlord must first serve the tenant a 45 days’ notice to vacate. The tenant does not have the option to fix the issue and must move out within the 45-day period. [6]

In Indiana, criminal or illegal activity include:

• Possessing controlled substances
• Committing illegal drug activity
• Engaging in vandalism on the premises
• Intimidating, threatening or harming other persons

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Illegal Evictions in Indiana

In Indiana, there are a few different types of evictions that are 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. [8]

“Self-Help” Evictions

A landlord is not allowed to attempt 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: [9]

• 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

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In Indiana, most evictions follow the same process:

1. Landlord serves tenant with written notice of violations
2. Landlord files complaint with court due to unresolved violations
3. Court serves tenant with summons and complaint
4. Court holds hearing and issues judgment
5. Writ of execution is issued
6. Possession of property is returned to landlord

Step 1: Landlord Serves Notice To Tenant

Indiana landlords may deliver a written eviction notice using any of these methods: [21]

1. Hand delivery to the tenant
2. Only if hand delivery to the tenant fails: Hand delivery to a person on the property who can accept the notice on behalf of the tenant, PLUS explaining the contents of the notice to that person
   
3. Only if all forms of hand delivery fail: Posting the notice to a conspicuous place at the property, such as the entry door

10-Day Notice To Quit

In Indiana, if a tenant is late on paying rent (full or partial), the landlord can serve them a 10-Day Notice To Quit. This eviction notice gives the tenant 10 days to pay the balance due or move out.

30-Day Notice To Vacate

For a tenant with no lease or a month-to-month lease in Indiana, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.

However, for tenants that don’t pay monthly, the amount of notice differs:

Notice To Comply or Vacate

In Indiana, if a tenant violates the lease or does not uphold their legal responsibilities, the landlord can serve them a Notice To Comply or Vacate. This eviction notice allows the tenant a reasonable amount of time to correct the issue or move out.

45-Day Notice To Vacate

In Indiana, if a tenant commits criminal or illegal activity on the premises, the landlord can serve them a 45-Day Notice To Vacate. This eviction notice gives the tenant 45 days to move out without the chance to fix the issue.

Step 2: Landlord Files Lawsuit with Court

In 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. 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 and Complaint

The summons and complaint may be served on the tenant by a sheriff, but this isn’t a requirement for proper service. [10]

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 within20 daysof the date the complaint was filed. [11]

For evictions related to prostitution, the summons and complaint must be served at least 5 days before the hearing. [12]

The summons and complaint may be served through any one of the following methods: [13] [14]

1. Giving a copy to the tenant in person
2. Mailing a copy via registered or certified mail with a written acknowledgement of receipt to the tenant’s residence, business, or place of employment
3. Leaving a copy at the tenant’s residence and a copy must be mailed via first class mail

Step 4: Court Holds Hearing and Issues Judgment

The reason for the eviction determines how quickly the eviction hearing will be held:

• Ejectments and small claims evictions. The hearing must be held at least 5 days after the tenant is served with the affidavit [15]
• Drug-related evictions. The hearing must be held within 20 days of the date the complaint was filed [16]
• Waste. An emergency hearing must be held within 3 days of the date the complaint was filed [17]
• Prostitution. 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 5 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. [19]

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. [20]

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.

Flowchart of Indiana Eviction Process

Indiana Eviction 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.