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Eviction Laws
Reasons for Eviction in Indiana
- Nonpayment of rent
- Violation of lease terms
- Illegal activity, including:
- Possessing controlled substances
- Committing illegal drug activity
- Engaging in vandalism on the premises
- Intimidating, threatening, or harming other persons
- End of lease term
Notice to Vacate
The landlord must give:
- A 90-day notice to vacate when a yearly lease is ending
A 30-day notice to vacate when a month-to-month lease is ending
- A 45-day notice to vacate for illegal activity
Learn more about the eviction process, including the average cost.
Notice to Comply
The landlord must provide a 10-day notice to pay or vacate for nonpayment of rent.
If there’s been a lease violation, you must provide reasonable notice, but the law doesn’t indicate a required number of days.
Serving the Tenant
- Notices to comply or vacate can be served by:
- Handing the notice to the tenant in person
- Handing the notice to someone at the property of legal age AND mailing certified mail with a return receipt requested
- Posting the notice in a conspicuous place on the premises AND mailing a copy by certified mail with a return receipt requested
- Summons and complaints may be served by the Sheriff, but it’s not a requirement. This documentation can also be served by:
- Handing a copy to the tenant
- Mailing the documents via registered or certified mail with a return receipt requested
- Posting a copy on the premises AND mailing copy via first class mail
Tenant Possessions
The landlord must ask the court for an order allowing the removal of the tenant’s personal property. The order and the location of the storage facility where the items will be stored must be personally served upon the tenant at their last known address.
If the tenant does not remove the property before the date in the order, the landlord can remove the property to the aforementioned storage facility or a warehouseman. The tenant may claim the property by paying the storage fee. If the tenant does not claim the property within 90 days after receiving the notice, the warehouseman or storage facility may sell the property.
Eviction Timeline
Below you’ll learn the average timeline for a complete eviction in Indiana. This projected timeline could change based on the complexities of your specific case.
Typically, the Indiana eviction process takes between three weeks and four months, depending on the circumstances.
How to Start the Eviction Process in Indiana?
Serve your notice on the tenant. If they do not pay or cure the violation, file the complaint and summons for FED action with your local court.
The tenant must be served at least 10 days prior to the hearing (20 days prior for drug-related evictions).
The hearing will be held on the set date. If the tenant does not appear, a default judgment will be entered for the landlord and a writ will be issued for possession.
Tenants will have 48 hours to leave the property before the Sheriff shows up for a forcible eviction.
For drug-related or nuisance charges, tenants will have 72 hours from the date the order is issued to leave the premises.
How to Stop the Eviction Process in Indiana?
To stop the eviction process in Indiana, the tenant must pay the rent due or cure the violation. Alternatively, the landlord can file a motion to dismiss the suit.
How Long is the Eviction Process in Indiana?
On average, the Indiana eviction process takes between three weeks and four months, depending on circumstances.
Jeanne Sanford
Jeanne Sanford is the Paralegal at TurboTenant where she uses her experience to make sure all leases, forms and help center articles are up to date with the latest laws and regulations impacting our landlords.
