Indiana Eviction Laws & Process

Indiana landlords facing lease-breaking tenants need a clear grip on the state’s eviction process and laws. This guide breaks down the most common reasons for eviction, each legal step involved, standard timelines, and the Indiana landlord-tenant laws that dictate how to remove a tenant.

What is an eviction in the state of Indiana?

An eviction in Indiana occurs when a landlord files a court action to reclaim possession of a rental unit after a tenant commits an evictable offense. Common reasons include unpaid rent, property damage, or illegal activity within the unit. However, before they can proceed with removing the tenant, landlords must first obtain a court order.

Indiana’s eviction laws fall under Title 32, Article 31 of the Indiana Code. Chapter 1 outlines notice requirements, while Chapter 10 covers the entire eviction process from start to finish.

Common Reasons for Eviction in Indiana

Indiana landlords can remove tenants from a rental property for several lawful reasons, including:

Failure to Pay Rent

Indiana landlords can take legal action when tenants fail to pay rent. The state does not guarantee a grace period for late rent payments; however, landlords may include one in the lease. Once the landlord-imposed timeframe ends (or immediately if no grace period exists), the landlord can issue a 10-day Notice to Pay or Quit to the tenant, giving them one final chance to pay or leave the property for good.

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

Breach of the Lease Agreement

A lease agreement outlines the specific terms both landlords and tenants must follow. When a tenant breaks those terms, Indiana landlords can begin eviction proceedings.

A few examples of lease breaches include:

• A South Bend tenant moves her boyfriend into an apartment without landlord approval.
• A tenant lets deer rot in his car and upsets the neighbors in his Gary apartment.
• An Indianapolis renter tears out cabinets and drawers during an impromptu DIY remodel.

Because leases exist to protect both parties, landlords should walk tenants through their key rights and responsibilities before signing day.

Supporting law: Ind. Code § 32-31-7-7

Illegal Activity on the Premises

Indiana landlords can evict tenants who engage in criminal activity on or near the rental property. State law supports removal for offenses such as drug possession, illegal businesses, or violent crimes. In many cases of illegal conduct, landlords may proceed with eviction without giving the tenant a chance to correct the violation.

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

Damage to the Rental Property

Indiana landlords can take legal action when tenants cause substantial damage beyond normal wear and tear. State law allows eviction for destruction that affects habitability or value (e.g., broken doors, smashed drywall, or ruined flooring). In such instances, landlords should collect evidence, like dated photos, inspection notes, and repair estimates, before filing for eviction in court.

Pro tip: Detailed move-in and move-out reports often make or break a damage claim.

Supporting law: Ind. Code §§ 32-31-7-7, 32-31-3-12

Health & Safety Violations

Landlords in Indiana can evict tenants who create unsafe or unsanitary living conditions. State law requires tenants to keep their rental units clean, habitable, and hazard-free. Common violations include letting trash or spoiled food pile up, causing plumbing backups or sewage issues, and creating fire or pest hazards through neglect.

To prove their case in court, landlords should document each issue with dated photos and written notices before filing an eviction case. Judges typically expect undeniable proof that the tenant ignored a written warning before granting possession back to the landlord.

Supporting law: Ind. Code §§ 32-31-7-5, 32-31-7-7

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 reason. State law requires landlords to provide tenants with 30 days’ written notice to terminate the tenancy, although some leases may allow for a longer notice period. If the tenant stays past the 30 days, the landlord can then file for eviction through the local small claims court, provided the amount owed is under the small claims court limit ($10,000). Otherwise, landlords should file with their local circuit court.

Supporting law: Ind. Code §§ 32-31-1-1, 32-31-5-4

The Complete Eviction Process in Indiana

The eviction process in Indiana begins with a landlord delivering proper notice, proceeds through court filings and hearings, and concludes when law enforcement enforces the court’s order for tenant removal.

Here’s how each step plays out, in order:

1. Landlord Issues Notice to the Tenant

Indiana landlords initiate the eviction process by serving the proper notice after a tenant breaches the lease or fails to pay rent as agreed upon in the lease. For unpaid rent, landlords can issue a 10-day Notice to Pay or Quit, which gives the tenant 10 days to pay in full or move out of the rental unit.

For other issues, such as unauthorized pets or poor upkeep, landlords can serve a Notice to Cure or Quit, allowing a reasonable time for the tenant to correct the issue. But when the tenant causes an incurable issue (like manufacturing drugs in a basement or causing significant property damage), the landlord can serve them a Notice to Quit and file for eviction if the tenant remains on the premises.

Notice Forms & Timelines

• 10-Day Notice to Pay or Quit: For unpaid rent, landlords must give tenants 10 days to pay the full balance and continue living in the rental unit.
• Notice to Cure or Quit: For lease or maintenance violations that tenants can correct, landlords must give them a reasonable opportunity to fix the problem. (Indiana law does not define a specific timeframe.)
• Notice to Quit (noncurable): For severe or illegal conduct, such as drug activity, violence, or significant property destruction, landlords can issue an unconditional notice requiring immediate move-out. Landlords do not need to provide a cure period and can file for eviction as soon as they serve the notice to the tenant.

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

2. Landlord Files an Eviction Lawsuit With the Courts

When a tenant ignores a notice or fails to correct a violation, Indiana landlords can file an eviction case in the county where the rental is located. In small claims court, this filing is known as a Notice of Claim for Possession. In circuit or superior court, landlords instead file a Complaint for Possession to request the court’s approval to repossess the unit formally.

Filing fees in Indiana typically range from $90 to $120, depending on the county and whether the sheriff serves the summons to the tenant. Once the landlord files and pays the fee, the clerk will schedule a hearing (usually within 10 to 20 days) to give both sides time to prepare their cases.

Supporting law: Ind. Code §§ 32-31-10-1, 32-31-7-7

3. Court Summons Paperwork Served to Tenant

Once the clerk sets a hearing date, Indiana landlords must arrange for a sheriff, constable, or licensed process server to deliver the Summons and Complaint for Possession or Notice of Claim for Possession directly to the tenant. The server must complete a Return of Service form to verify that the tenant has received the paperwork. Failing to file this form with the court may result in the court dismissing the eviction, and the landlord will have to restart the process.

Once the tenant receives the summons, they must appear in court on the scheduled date. At the hearing, both the landlord and tenant can present evidence, bring witnesses, and explain their side of the dispute before the judge makes a decision. If the tenant fails to appear, the landlord can request an immediate Judgment for Possession, which we will discuss in the coming sections.

Supporting law: Ind. Code § 32-31-6-4, Ind. Trial Rule 4.15

4. Tenant and Landlord Attend an Eviction Hearing

On the hearing date, both the landlord and the tenant will appear before the judge, either on their own or with legal counsel. Each party will present its side of the story, respond to the judge’s questions, and share relevant evidence. Most Indiana eviction cases take place in county small claims or circuit courts, depending on the property’s location.

During the hearing, the judge may request copies of the lease, rent receipts, photos, or notices served to the tenant. After reviewing all the testimony and evidence, they will consider both before making a decision.

Supporting law: Ind. Code §§ 32-31-6-5, 33-34-3-3

5. Judge Reaches a Ruling

After deliberating, the judge will issue a decision for or against eviction. In Indiana, most judges announce their ruling at the end of the hearing, though some decisions may take an extra day or two.

If the judge rules in favor of the tenant, they will close the case and allow the tenant to stay in the rental under their current lease. If the judge rules in favor of the landlord, the court will issue a Judgment for Possession, granting the landlord legal authority to retake the property. Judges often include a separate money judgment for unpaid rent, fees, or damages.

Supporting law: Ind. Code §§ 32-31-6-6, 32-31-10-1

6. Judge Issues a Writ of Possession Authorizing Removal of Tenant

Once the judge issues a Judgment for Possession, the landlord may request a Writ of Possession, which authorizes law enforcement to remove the tenant and return the property to the landlord. The writ will serve as the tenant’s final opportunity to vacate the premises before the sheriff carries out the eviction.

After the court issues the writ, the sheriff will schedule an eviction, typically within the next 48 to 72 hours. During this waiting period, landlords should avoid changing locks, shutting off utilities, or reentering the unit until the sheriff intervenes.

Supporting law: Ind. Code §§ 32-31-6-8, 32-31-10-1

7. Law Enforcement Removes Tenant from Rental Property

If the tenant remains past the final deadline, the county sheriff will intervene to enforce the eviction and reclaim possession for the landlord. Again, only the sheriff’s office or a court-appointed officer (not the landlord) can legally remove the tenant and oversee the repossession of the rental.

Once the tenant vacates the property, Indiana law requires landlords to handle any abandoned property legally by providing written notice and allowing the tenant a “reasonable time” to claim their belongings. After this period, the landlord can discard or sell the items.

Supporting law: Ind. Code §§ 32-31-4-2, 32-31-6-9

Typical Eviction Timelines in Indiana

Most Indiana evictions take 3 to 8 weeks from start to finish, depending on court availability and the pace at which each step progresses. Here are typical timeframes to expect:

Landlord Retaliation & Harassment During Eviction

Indiana law forbids landlords from retaliating against or harassing tenants at any point during the lease or eviction process. Crossing these lines can lead to tenant lawsuits and potentially derail an otherwise valid eviction case.

Examples of landlord retaliation include:

• Denying a lease renewal after the tenant reports unsafe conditions.
• Filing for eviction soon after the tenant calls a city inspector.
• Cutting utilities or removing amenities following a repair complaint.

Examples of landlord harassment include:

• Entering the unit without the required 24-hour notice.
• Threatening or intimidating the tenant to force them out.
• Changing locks or removing belongings without a court order.

Landlords should document all interactions carefully and handle all legal disputes through the courts. Tenants who can prove retaliation or harassment can (and should) use the tenant’s actions as a defense in eviction proceedings.

Supporting law: Ind. Code §§ 32-31-8-5, 32-31-8-6

Tips for Tenants Attempting to Avoid Eviction

Evictions create stress for both landlords and tenants, but proactive communication often leads to better outcomes. Here are a few tips to consider:

Encourage open communication: Tenants who reach out early about rent issues or repairs are much easier to work with. Open, honest communication helps both sides address problems quickly and often prevents disputes from escalating into eviction proceedings.

Clarify rights and responsibilities: Take time to understand Indiana’s landlord-tenant laws and the terms of your lease. Tenants who know when rent is due, how maintenance works, and what notices mean tend to stay organized and avoid unnecessary trouble.

Respond quickly to missed payments: If you fall behind on rent, contact your landlord right away. Most landlords prefer honest communication over silence, and quick action can prevent the issue from spiraling out of control.

Explore reasonable solutions: Ask about temporary payment plans or short extensions if you need extra time. A fairly negotiated agreement can help you feel more in control and up your chances of staying in the good graces of your landlord.

Seek legal or rental assistance: If your landlord files for eviction, consider reaching out to Indiana Legal Services, Inc. for guidance or rent aid. Legal professionals can explain your rights, represent you in court, and assist you in negotiating a resolution.

Tips for Landlords Seeking to Evict Tenants

Evictions in Indiana require strict attention to state law. To protect your property and keep the process legally sound, follow these practices from the get-go:

Avoid self-help eviction: Never change locks, cut off utilities, or remove a tenant’s belongings without a court order. Indiana courts take these violations seriously and harshly penalize landlords who attempt to evict tenants without following legal protocols.

Study Indiana landlord-tenant laws: Review Indiana Code Title 32, Article 31 to understand how to issue notices, file cases, and meet required timelines. Knowing the rules helps you avoid procedural errors that delay regaining possession.

Offer a cash-for-keys deal: Sometimes it’s faster and cheaper to pay a tenant to move out voluntarily, even if giving them money seems unfair. A reasonable offer can save court fees and weeks of waiting, especially if you need the unit ready for a new renter.

Keep strong documentation: Organize and securely store leases, payment records, notices, and photos before heading to court. Judges in Indiana rely on solid evidence to verify your claims and determine rightful possession.

Serve the correct notice: Match the notice to the violation. For unpaid rent, issue a 10-day Notice to Pay or Quit. For criminal activity or major lease violations, use an Unconditional Notice to Quit that gives the tenant a firm move-out deadline.

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

Tools to Prepare for the Indiana Eviction Process

Evictions in Indiana take a mix of patience, persistence, and the right tools. Join more than 850,000 landlords who use TurboTenant to create Indiana-specific lease agreements, track rent payments, and store tenant records securely in one place.

Sign up for a free TurboTenant account today to streamline your portfolio and prepare yourself for every step of the eviction process.

Indiana Eviction Laws & Process FAQs