Legal Templates

Indiana Eviction Process

Published June 6, 2024

Josh Sainsbury

Written by Josh Sainsbury

Brooke Davis

Reviewed by Brooke Davis

A landlord in Indiana must follow specific state laws when evicting a tenant. Failure to do so can lead to legal issues. The eviction process can take anywhere from ten to 90 days, and longer if the tenant contests it in court.

How to Evict a Tenant in Indiana

Indiana Eviction Process

Step 1: Provide Notice of Intent to Terminate the Lease

Ind. Code § 32-31-1 establishes the terms under which a tenancy is established and potential grounds for eviction. You must notify the tenant whether you wish to terminate the eviction for non-payment or lease term violations. Your notice of intent to terminate should include the following details:

  • The tenant’s full name
  • The address or property description for the leased property
  • The date of the notice
  • The reason for the eviction
  • The date the lease violation occurred
  • The steps the tenant can take to cure the issue
  • How long the tenant has to correct the issue either or vacate the property

Average Timeline

It takes about 10 to 90 days from the issuance of the notice to terminate the lease.

Step 2: File an Eviction Lawsuit With the County 

If the tenant fails to comply with the notice by curing the problem or vacating the premises within the period specified, you can file an eviction through the county where the property is located.

For issues like property damage or criminal activity on an expired or month-to-month lease, the landlord can provide an unconditional notice to quit and file for eviction immediately.

Evictions for overdue rent under $6,000 or due to harmful behavior by the tenant can be filed in Small Claims Court, including emergency possessory actions.

Once you submit your eviction petition to the county, the clerk of the court will notify you of the date of your hearing.

Step 3: Formally Serve the Tenant Notice of the Eviction Lawsuit

Upon filing a lawsuit to evict the tenant, you must arrange to formally notify the tenant of the lawsuit, per Ind. Code § 32-31-1-9. You may do so by delivering the papers to the tenant directly, through a process server, or a signed delivery service like registered mail.

In the tenant’s absence, another person residing at the property can accept service, but the server must advise of the notice contents. If a tenant or other person living at the property cannot be located, the server may post the notice in a conspicuous place on the premises.

Average Timeline

The tenant should receive the documents between 5 and 20 days before the hearing.

Step 4: Prepare Evidence and Attend the Eviction Proceedings

Gather evidence relating to the eviction process. This may include:

  • A copy of the lease agreement
  • Account statements showing the tenant’s failure to pay
  • Photo, video, or witness evidence of the tenant’s lease violations
  • Dates and times of violations
  • Police reports and other documentation of illegal or disruptive activity
  • A copy of the notice to vacate served to the tenant
  • Documentation of any written or verbal correspondence with the tenant regarding the matter

Attend the hearing at the date, time, and location indicated in your hearing notification from the clerk of the court. The judge will review the information the landlord and tenant provided and decide based on the available facts.

If the tenant does not attend, the judge may allow you to proceed with a writ of possession to remove the tenant from the premises forcibly. If the tenant is present, they may negotiate with you to cure the issue or arrange a move-out date. The tenant typically has between 48 hours and five days to vacate the property.

Step 5: Decide How to Proceed Based on the Judge’s Ruling

If a tenant doesn’t vacate by the ordered date, you can seek a writ of possession. This necessitates a written surety under Ind. Code § 32-30-3-6 guarantees tenant compensation for wrongful eviction. Law enforcement must conduct the eviction—self-eviction is prohibited. Utilities and property access must remain unchanged until the writ is executed.

Average Timeline

If the tenant doesn’t seek reconsideration, a Writ of Execution is issued promptly, granting them 48 to 72 hours to vacate the premises. For drug-related evictions, the timeframe is 72 hours, while other cases allow only 48 hours.

Eviction Reasons

If you wish to evict a tenant, consider your reasons, which can be divided into two categories: at-fault evictions and no-fault evictions.

While you may have several legitimate reasons for evicting, there are limitations on why you can evict someone. Specifically, you cannot evict someone for characteristics protected under the Fair Housing Act, 42 U.S.C. § 3601-19. These characteristics include race, color, sex, religion, disability, national origin, disability, or familial status.

Landlords are also prohibited from evicting someone in retaliation for calling code enforcement, emergency services, or other authorities, per Ind. Code § 32-31-1-22. Additionally, you may not interfere with essential services or prevent the tenant’s access to the unit, per Ind. Code § 32-31-5-6.

At-Fault Evictions

An at-fault eviction arises when the tenant fails to meet the terms of the lease agreement. Common reasons for at-fault evictions include:

  • Failure or refusal to pay rent on time
  • Violations of the lease agreement
  • Disorderly or disruptive conduct
  • Committing waste by damaging the property
  • Threatening to commit waste
  • Illegal use of the property
  • Failure to renew the lease
  • Unreasonably withholding consent for the landlord to enter for emergencies, repairs, agreed service, or property showings (Ind. Code § 32-31-5-6)

Depending on the reason for the at-fault eviction, you must inform the tenant with a written notice of termination.

1. For Non-Payment of Rent

Overview:

Payable in Advance

Leases with rent payable in advance are an exception to the 10-day rule. Landlords can file for eviction without notice if the tenant does not pay rent in advance.

2. For Non-Compliance

Overview:

  • Used when the tenant causes damage to the property (Ind. Code § 32-31-1-8)
  • Used when the tenant violates the lease by smoking or keeping pets without landlord approval
  • The landlord may provide a notice to quit for non-compliance with a grace period to correct the lease violation
  • The grace period is unspecified but must provide “reasonable time” to correct the violation (Ind. Code § 32-31-7-7)

No-Fault Evictions

No-fault evictions apply when the landlord wishes to remove the tenant, but the tenant has done nothing to warrant the eviction. You do not need a reason for a no-fault eviction but must still meet the lease agreement terms. For instance, you cannot use a no-fault eviction to remove the tenant before the end of a fixed-term lease.

1. Notice of Termination of Lease Term

Overview:

  • 30-day termination notice for month-to-month or quarterly leases.
  • 90-day termination notice for annual fixed-term leases.
  • Evictions require serving notice as per Ind. Code § 32-31-1-9
  • Notices can be sent via registered mail or courier for a signature
  • If the tenant is unavailable, notices can be served to a resident or posted conspicuously on the property
  • Landlords can evict without cause within 30 days for shorter leases or at the end of an annual lease with a 90-day notice
  • After the notice period, eviction can proceed through court if the lease isn’t renewed, with no reason needed for lease termination

Eviction Timeline

ReasonCurableLease TypeDurationNotice Period
End of lease termNoNo leaseIndefiniteImmediate eviction, no notice necessary
Fixed termLess than one year90 days
MonthlyMonth to month30 days
Overdue rentYesAnyAny10 days
Lease violationsYesAnyAnyReasonable notice
Illegal activity or
repeat violations		NoAnyAnyNo notice is necessary but possible grace period at the landlord's discretion

Tenant Rights in Indiana

Before you begin the eviction notice process, you should understand tenant rights under state law.

Self-Help Evictions

Ind. Code § 32-31-5-6 prohibits landlords from performing self-help evictions. Avoid trying to speed the eviction process or taking matters into your own hands by doing the following:

  • Changing locks to prevent tenant access
  • Using devices to prevent the tenant from accessing the unit
  • Removing doors, windows, appliances, or fixtures
  • Reducing, interrupting, or shutting off electricity, gas, water, and other essential services

A landlord who fails to adhere to these requirements could face legal action from the tenant.

Abandoned Property

Per Ind. Code § 32-31-4, if the tenant abandons property during the eviction process, you can remove the personal property after the date the court ordered the tenant to vacate. You must store the property in a court-approved storage facility for 90 days. After 90 days, if the tenant has not claimed the property, the warehouse or storage facility can sell the property.

If you wish to move the tenant’s property, you must notify the tenant of your intention to remove it and deliver it to a warehouse or storage facility. The notice should include a copy of the court’s eviction order and the identity and location of the storage facility.

The following property is exempt and must be returned to the tenant upon their request at no cost:

  • Medically necessary items
  • Items used by the tenant in their trade or business
  • One week of seasonably essential clothing for the tenant or a member of their household
  • Blankets
  • Items needed for a minor child’s care or schooling

The warehouse or storage facility will place a lien on the tenant’s non-exempt property. To recover their property within 90 days, the tenant must pay the storage facility for expenses incurred, including storage, transportation, insurance, labor, and other reasonable costs.

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