Navigating Indiana eviction laws requires precision, patience, and a thorough understanding of legal requirements. Whether you’re a landlord protecting your investment or a tenant facing eviction, knowing the eviction process in Indiana can mean the difference between a smooth resolution and costly legal complications.
Indiana’s eviction statutes, found primarily in IC § 32-30-3, 32-30-8, and 32-31-10, establish clear procedures that must be followed to the letter. One misstep in serving an eviction notice in Indiana or filing court documents can reset the entire process, costing you time and money.
Understanding Indiana Eviction Laws: Legal Grounds for Eviction
Before you can begin the eviction process in Indiana, you must have legally valid grounds. Indiana law recognizes specific reasons for eviction, and each requires different procedures and notice periods.
Nonpayment of Rent and the 10-Day Notice Requirement
The most common reason for eviction in Indiana involves unpaid rent. Under IC § 32-31-1-6, rent becomes late the day after it’s due unless your lease specifies a grace period. When rent goes unpaid, you must serve a formal “10-Day Notice to Pay or Quit” before proceeding with eviction.
This eviction notice in Indiana must clearly state:
- The exact amount of unpaid rent
- The deadline for payment (at least 10 days from receipt)
- The consequences of non-payment
During this 10-day period, accepting partial payments can jeopardize your eviction case unless you have a written partial payment agreement. Many landlords learn this lesson the hard way when judges dismiss their cases due to accepted partial payments.
Lease Violations That Can Trigger Eviction in Indiana
Beyond rent issues, Indiana eviction laws cover various lease violations under IC § 32-31-7-7. These violations require a “Notice to Cure or Quit,” giving tenants reasonable time to fix the problem.
Common lease violations triggering eviction include:
- Unauthorized pets in pet-free properties
- Exceeding occupancy limits
- Property damage beyond normal wear and tear
- Noise violations disrupting other tenants
- Unauthorized alterations to the property
- Failure to maintain the rental unit
The law doesn’t define “reasonable” timeframe, leaving it to judicial interpretation. Generally, courts expect 14-30 days for most violations, though serious issues may warrant shorter periods.
Immediate Eviction Grounds: Illegal Activities and Emergency Situations
Some situations under Indiana eviction laws require immediate action without opportunity to cure. These include:
- Drug manufacturing or dealing (IC § 32-30-8-5)
- Prostitution on the premises
- Violence or threats against other tenants
- Committing “waste” (severe property damage)
- Remaining after lease expiration (tenant at sufferance)
For illegal activities, you must serve a 45-day unconditional quit notice, documenting the date, time, and nature of the activity. For waste or holdover tenants, you can proceed directly to court without notice under IC § 32-31-1-8.
How to Evict Someone in Indiana: Step-by-Step Process
Understanding how to evict someone in Indiana means following each procedural step exactly. The eviction process in Indiana involves multiple stages, each with specific requirements and deadlines.
Step 1: Serve the Proper Eviction Notice Indiana Requires
The first step in how to evict someone in Indiana is serving the appropriate notice. The eviction notice in Indiana must be delivered through one of these approved methods:
- Personal delivery to the tenant
- Delivery to another adult at the residence
- Posting on the property (if no one can be found)
Document your service method carefully—photograph posted notices, get signatures for personal delivery, or use certified mail with return receipt.
Step 2: File Your Eviction Complaint with Indiana Courts
Once the notice period expires without resolution, proceed to your county’s court. The eviction process in Indiana continues with filing an official complaint. Small Claims Court handles most residential evictions with a $97 filing fee.
Your complaint must include:
- Complete lease agreement
- Proof of notice service
- Documentation of the violation
- Payment history (for rent cases)
- Correspondence with the tenant
Step 3: Serve the Tenant with Court Summons
After filing, the court issues a summons that must be properly served. Under Indiana Rules of Trial Procedure, Rule 4, the summons includes the hearing date, typically scheduled:
- 5+ days for standard evictions (IC § 32-30-3-2)
- Within 3 days for emergency waste cases (IC § 32-31-6-5)
- Within 20 days for drug-related evictions (IC § 32-30-8-9)
Service costs an additional $28 if filed electronically. The sheriff or process server handles this step—never attempt service yourself.
Step 4: Present Your Case at the Eviction Hearing
Success in the eviction process in Indiana depends on preparation. Bring:
- Original lease and all amendments
- Complete payment records
- Photos of violations or damage
- Witness statements
- All notices and proof of service
- Communication logs
Present facts clearly and chronologically. Judges appreciate organized, documented cases over emotional arguments.
Step 5: Obtain and Execute the Writ of Possession
Winning your case results in a Writ of Possession, but Indiana eviction laws require posting a surety bond (IC § 32-30-3-6) to protect tenants from wrongful eviction damages.
The writ gives tenants 48 hours to 5 days to vacate (IC § 32-30-3-10). Only the sheriff can enforce eviction—self-help eviction remains illegal and can result in significant penalties.
Indiana Eviction Timeline: How Long Does the Eviction Process Take?
The complete eviction process in Indiana typically takes 2 weeks to 4 months, depending on case complexity and court schedules.
Notice Period Requirements by Eviction Type
- Nonpayment: 10 days minimum
- Lease violations: “Reasonable time” (typically 14-30 days)
- Illegal activity: 45 days
- Month-to-month termination: 30 days
- No notice required: Waste or holdover tenants
Court Processing Times and Scheduling
- Filing to summons service: 1-3 days
- Summons to hearing: 3-20 days (varies by violation type)
- Hearing to judgment: Same day to 1 week
- Judgment to writ issuance: 1-3 days
Enforcement Timeline After Judgment
- Writ service: 1-2 days after issuance
- Tenant vacate period: 48 hours to 5 days
- Sheriff enforcement: Scheduled after vacate period expires
Winter Evictions in Indiana: Cold Weather Protections and Restrictions
Can you evict a tenant in Indiana during winter? Yes, but with important considerations. Indiana doesn’t have a blanket moratorium on winter evictions, unlike some northern states. However, specific protections exist during cold weather months (typically November through March).
Utility shutoff protections under Indiana Administrative Code 170 IAC 4-1-16 prevent disconnection when temperatures fall below 32°F. If your eviction relates to utility non-payment, you cannot shut off heat-related utilities during winter months. Additionally, many Indiana courts exercise discretion in scheduling physical evictions during extreme cold, potentially delaying enforcement of writs.
Local ordinances in cities like Indianapolis, Fort Wayne, and South Bend may impose additional winter eviction restrictions. Check your local regulations before proceeding with winter evictions. Emergency shelters often reach capacity during winter, making judges more reluctant to order immediate removal. Consider offering “winter payment plans” to avoid the complications and potential delays of cold-weather evictions.
Special Types of Evictions Under Indiana Law
Nuisance Evictions for Drug Activity and Crime
Indiana eviction laws treat drug-related activities seriously under IC § 32-30-8-5. These evictions require:
- Documented evidence (police reports, witness statements)
- Certified mail notice with return receipt
- 45-day unconditional quit notice
- Expedited court hearing within 20 days
Month-to-Month Tenancy Terminations
Without a lease violation, ending month-to-month tenancies requires 30 days’ notice. This isn’t technically an eviction but follows similar procedures if tenants don’t vacate.
Evicting Squatters in Indiana
Squatters lacking adverse possession claims (10+ years occupancy under IC § 32-21-7-1) can be evicted through standard procedures. However, determining squatter vs. tenant status requires careful investigation.
Section 8 and Subsidized Housing Evictions in Indiana
Evicting tenants in Section 8 or other subsidized housing programs requires additional steps beyond standard Indiana eviction laws. Federal regulations under 24 CFR Part 982 impose extra requirements that override state law.
For Section 8 tenants, you must provide copies of all eviction notices to the local Public Housing Authority (PHA) simultaneously with tenant service. The PHA must receive the same 10-day notice for nonpayment or appropriate notice for lease violations. Failure to notify the PHA can invalidate your eviction, even if you follow all state procedures correctly.
Good cause requirements apply to all Section 8 evictions. You cannot refuse to renew a Section 8 lease without good cause, unlike market-rate tenancies. Acceptable good causes mirror standard eviction grounds: nonpayment, lease violations, criminal activity, or property damage. Additionally, you must accept the Housing Assistance Payment (HAP) portion of rent from the PHA even during eviction proceedings for the tenant’s portion.
The eviction timeline extends for subsidized housing. PHAs often require informal hearings before eviction, adding 15-30 days to the process. If evicting for criminal activity, provide documentation to both the tenant and PHA within 10 days of learning about the activity. For LIHTC (Low-Income Housing Tax Credit) properties, additional notice requirements under IRC Section 42 may apply, requiring extended cure periods for correctable violations.
Evicting Roommates Without a Lease in Indiana
Can you evict a roommate without a lease in Indiana? The answer depends on your relationship to the property and the roommate’s status. If you’re the primary tenant or homeowner and the roommate isn’t on the lease, they’re likely considered a “licensee” rather than a tenant.
For roommates paying rent monthly without a written agreement, they’re month-to-month tenants requiring 30 days’ notice. Document any verbal agreements about rent, chores, or house rules. If the roommate shares your bedroom (intimate partners), different domestic relations laws may apply.
Roommates not paying rent are considered guests or licensees. You can request immediate departure, and if they refuse, file for eviction as a “tenant at sufferance.” However, if they’ve received mail there or can prove residency (driver’s license, utility bills), courts may require formal eviction procedures. Never change locks or remove belongings without court order—this applies even to non-paying roommates who’ve established residency.
How to Expedite Emergency Eviction for Property Damage in Indiana
When facing severe property damage requiring immediate action, Indiana law provides expedited procedures under IC § 32-31-6-5 for “waste” situations. Emergency evictions for property damage can proceed within 3 days rather than the standard timeline.
Document all damage immediately with photos, videos, and written descriptions. File a verified complaint for immediate possession, including an affidavit describing the emergency nature of the damage. Request an emergency hearing, which courts typically schedule within 72 hours for genuine emergencies. Examples qualifying for expedited eviction include flooding from intentional plumbing damage, fire hazards from tampering with electrical systems, structural damage threatening building integrity, or broken windows during winter months.
Courts require posting a higher surety bond for emergency evictions, often double the standard amount. Prepare to demonstrate immediate and irreparable harm if the tenant remains. Having contractors or inspectors testify about safety hazards strengthens your case significantly.
Special Circumstances and Protected Situations
What Happens If Tenant Files Bankruptcy During Eviction in Indiana?
Bankruptcy filing triggers an automatic stay under 11 U.S.C. § 362, immediately halting most eviction proceedings. However, exceptions exist that Indiana landlords should understand.
The automatic stay doesn’t apply if you obtained a judgment for possession before the bankruptcy filing. In this case, eviction can proceed, though you should notify the bankruptcy court. For evictions based on endangerment of property or illegal drug use, file a certification with the bankruptcy court to proceed despite the stay.
If the tenant files bankruptcy before you obtain judgment, you must petition the bankruptcy court to lift the stay. This typically takes 30-60 days. Document ongoing lease violations during the stay period, as post-petition violations aren’t protected by bankruptcy. Chapter 7 bankruptcy doesn’t discharge future rent obligations, allowing eviction for post-filing nonpayment. Chapter 13 may include a payment plan for rent arrears, requiring cooperation with the trustee.
Never violate the automatic stay, even inadvertently. Violations can result in significant damages and sanctions. Consult bankruptcy counsel when tenants file during eviction proceedings.
Evicting Tenants with Emotional Support Animals in Indiana
Emotional support animals (ESAs) complicate evictions due to Fair Housing Act protections. You cannot evict solely because a tenant obtained an ESA, even in pet-free properties. However, you can still evict for legitimate reasons.
Valid grounds for evicting tenants with ESAs include the animal causing substantial property damage beyond normal wear, aggressive behavior threatening other residents’ safety, or failure to control excessive noise or sanitation issues. The tenant’s disability doesn’t excuse lease violations unrelated to the accommodation.
Before proceeding with eviction, engage in the interactive process required by HUD. Document all animal-related incidents objectively, avoiding disability-related language. Offer reasonable alternatives if possible, such as additional deposits for damage or behavioral training requirements. If evicting for ESA-related issues, focus on the specific behavior, not the animal’s presence. Maintain records of accommodation requests and your responses. Consider consulting with Fair Housing counsel before proceeding, as mistakes can result in discrimination claims worth $16,000+ in damages.
Evicting Elderly or Disabled Tenants in Indiana: Special Considerations
While Indiana law doesn’t prohibit evicting elderly or disabled tenants, federal Fair Housing Act protections and practical considerations apply. Evictions must be based on legitimate, non-discriminatory reasons applied equally to all tenants.
Reasonable accommodation requirements mean you must consider modification requests that might resolve lease violations. For example, if an elderly tenant struggles with online rent payment, accepting paper checks might be required. For disabled tenants, consider whether violations stem from disability-related needs before evicting.
Courts often grant additional time for elderly or disabled tenants to relocate, especially if they require accessible housing. Adult Protective Services may intervene if the tenant appears unable to care for themselves. Be prepared for extended timelines and potential guardian involvement.
Document all interactions carefully, focusing on lease violations rather than age or disability status. Offer payment plans or extended cure periods when reasonable. Connect tenants with social services rather than immediately evicting, as judges view favorably landlords who attempt alternatives. If hoarding relates to mental illness, work with mental health services before evicting.
Cost of Eviction in Indiana: What Landlords Need to Budget
Court Filing Fees by County
- Small Claims Court: $97
- Circuit/Superior Court: $100-180
- Electronic filing: May include additional fees
Service and Enforcement Costs
- Summons service: $28
- Writ service: $28
- Sheriff enforcement: $50-150 (varies by county)
- Storage of tenant belongings: Variable
Additional Expenses and Lost Rent
- Attorney fees: $500-10,000
- Lost rent during process: 1-4 months
- Property damage repairs: Variable
- Turnover costs: Cleaning, advertising, screening
Impact on Tenants: Credit Scores and Rental History
How Eviction Affects Tenant’s Credit Score and Rental History in Indiana
Evictions create long-lasting consequences for tenants beyond immediate displacement. Understanding these impacts helps both landlords and tenants make informed decisions.
Eviction judgments appear on credit reports for seven years, typically dropping credit scores by 50-100 points initially. The judgment amount for unpaid rent becomes a collection account, further damaging credit. Even dismissed evictions may appear in screening reports, as court filing records are public information.
Rental history screening companies like TransUnion, Experian, and CoreLogic maintain eviction databases. These records persist for seven years, making future housing difficult to secure. Many landlords automatically reject applicants with any eviction history, regardless of circumstances.
Tenants can mitigate damage by negotiating “pay-to-quit” agreements before court filing, satisfying judgments quickly to show “paid” status, or requesting case sealing after satisfying all obligations. Some Indiana counties allow eviction expungement under limited circumstances, though this doesn’t remove credit report entries.
How to Check Eviction Records in Indiana
Both landlords and tenants can access eviction records through multiple channels. Indiana’s court system makes most eviction cases public record, accessible through MyCase.IN.gov, Indiana’s online court database. Search by name or case number for statewide results. County clerk offices provide in-person record searches, often with more detailed documentation.
Commercial screening services offer comprehensive reports including evictions from multiple states, credit information, and criminal records. Popular services include RentPrep, SmartMove, and Apartments.com screening. Costs range from $25-$50 per report.
Tenants should check their own records annually through AnnualCreditReport.com for credit-related eviction information and by requesting tenant screening reports from major agencies under FCRA rights. Dispute inaccurate information immediately, as errors are common in eviction databases.
Indiana Eviction Court Forms and Resources
Where to Find Indiana Eviction Court Forms and How to Fill Them Out
Locating and correctly completing eviction forms is crucial for a valid eviction process in Indiana. Each county may have slightly different forms, but core requirements remain consistent.
Primary Form Sources:
The Indiana Supreme Court provides standardized forms at in.gov/courts/forms. Download the “Landlord Tenant” packet including Notice to Quit, Complaint for Eviction, and Chronological Case Summary. Many counties offer local forms through their clerk’s office websites with county-specific requirements.
Essential Forms for Indiana Evictions:
- Notice to Quit (10-Day Notice): State tenant names exactly as on lease, include complete property address with unit number, specify exact rent amount owed and period covered, and clearly state deadline and consequences. Sign and date before a notary if required by your county.
- Complaint for Eviction (CTS-1): List all adult tenants as defendants, attach copy of lease and notices, include detailed violation description with dates, calculate total amount owed including fees, and request possession and money judgment.
- Summons: The court completes this form, but verify all information matches your complaint, ensure service deadline meets statutory requirements, and confirm hearing date allows proper notice period.
- Affidavit of Service: Document how notice was served (personal, posting, certified mail), include date, time, and location of service, and have server sign before notary. Attach certified mail receipts if applicable.
Common Form Mistakes to Avoid:
Never use outdated forms—requirements change annually. White-out or crossed-out corrections invalidate documents; prepare new forms for any errors. Include all adult occupants, even if not on lease. Calculate damages precisely—estimates can invalidate claims. Missing checkbox or signature blocks result in rejection.
County-Specific Requirements:
- Marion County (Indianapolis): Requires specific coversheet and e-filing for most cases
- Lake County: Demands separate small claims forms for amounts under $10,000
- Allen County (Fort Wayne): Uses unique local notice forms not accepted elsewhere
- St. Joseph County (South Bend): Requires mediation statement for initial filing
- Vanderburgh County (Evansville): Mandates appearance at initial filing
Emergency Housing Assistance During Eviction in Indiana
Tenants facing eviction have multiple emergency resources available throughout Indiana. Understanding these options can prevent homelessness and may facilitate negotiated solutions.
Statewide Emergency Assistance Programs:
The Indiana Housing and Community Development Authority (IHCDA) operates the Emergency Rental Assistance Program. Covers up to 15 months of rent and utilities for COVID-impacted households. Apply at indianahousingnow.org or call 211 for assistance. Processing takes 2-4 weeks, so apply immediately upon receiving eviction notice.
Township Trustees provide emergency assistance for residents facing eviction. Each township offers different benefit levels, typically $300-$1,000 for rent assistance. Contact your township trustee office directly—find yours at in.gov/local. Assistance usually requires proof of future ability to pay rent.
Nonprofit and Religious Organizations:
- Salvation Army: Offers one-time rent assistance up to $500 in most Indiana counties
- Catholic Charities: Provides emergency funds and case management statewide
- United Way 211: Connects tenants with local resources by calling 2-1-1
- Community Action Agencies: Offer various assistance programs by county
- St. Vincent de Paul: Assists regardless of religious affiliation
Legal Aid Resources:
Indiana Legal Services provides free representation for qualifying low-income tenants. Apply online at indianalegalservices.org or call 1-844-243-8570. Assistance includes court representation, negotiation with landlords, and filing answers to eviction complaints.
Neighborhood Christian Legal Clinic (Indianapolis area) offers free legal help regardless of income for certain cases. Pro Bono Indiana connects tenants with volunteer attorneys for limited representation.
Veteran-Specific Resources:
SSVF (Supportive Services for Veteran Families) provides rapid rehousing and prevention assistance. Contact Volunteers of America at 1-888-604-1167. VA Homeless Prevention hotline: 1-877-424-3838 for immediate assistance.
What to Do When Facing Eviction:
- Contact 211 immediately for local resources
- Apply for emergency assistance even if uncertain about qualification
- Document all hardships causing payment problems
- Negotiate with landlord—many prefer payment plans over eviction
- Attend all court hearings—no-shows result in automatic judgments
- Request additional time from court if actively seeking assistance
Protecting Your Rights During the Indiana Eviction Process
Documentation Requirements for Landlords
Success in how to evict someone in Indiana depends on meticulous documentation:
- Keep all payment records (including bounced checks)
- Photograph property conditions regularly
- Save all tenant communications
- Document all notice services
- Maintain detailed violation logs
Tenant Rights and Defenses
Indiana eviction laws protect tenants from:
- Retaliatory eviction for requesting repairs
- Discrimination based on protected classes
- Self-help eviction tactics
- Eviction without proper notice
- Eviction without court proceedings
Can a Tenant Appeal an Eviction Judgment in Indiana?
Yes, tenants can appeal eviction judgments, but strict deadlines and procedures apply. Appeals must be filed within 30 days of judgment entry under Indiana Rules of Appellate Procedure 9. This deadline is jurisdictional—missing it eliminates appeal rights permanently.
To appeal, tenants must file a Notice of Appeal with the trial court clerk, pay filing fees (approximately $250) or request fee waiver, and order trial transcripts if challenging factual findings. Most importantly, tenants must post a supersedeas bond to stay eviction during appeal. This bond typically equals the judgment amount plus anticipated rent during appeal.
Without a stay bond, eviction proceeds despite pending appeal. The sheriff will enforce the writ unless the appellate court grants emergency relief. Many tenants lose possession before their appeal is heard. Appeals don’t retry facts—only legal errors matter. Common successful appeal grounds include improper notice service, violation of statutory cure periods, discrimination or retaliation claims, and procedural errors affecting substantial rights.
The appeal process typically takes 3-6 months. During this time, tenants must continue paying rent into court escrow or risk dismissal. Few eviction appeals succeed—less than 10% result in reversal.
Illegal Eviction Practices to Avoid
Never attempt these illegal tactics:
- Changing locks without court order
- Shutting off utilities
- Removing tenant belongings
- Threatening or harassing tenants
- Accepting rent then proceeding with eviction
Violations can result in damages, attorney fees, and potential criminal charges.
What If Tenant Abandons Property During Eviction Process?
When tenants abandon property mid-eviction, landlords face a dilemma: proceed with eviction or treat as abandonment. Indiana law doesn’t clearly define abandonment, creating risks either way.
Signs suggesting abandonment include: removal of most personal belongings, return of keys, utilities disconnected by tenant, mail forwarding filed, and extended absence (typically 15+ days). However, remaining belongings, continued utility service, or sporadic visits suggest ongoing possession.
If treating as abandonment, document extensively with date-stamped photos, witness statements, and attempts to contact tenant. Post notice of belief of abandonment, wait reasonable time (minimum 10 days), then change locks and store remaining property. Indiana law requires storing abandoned property for reasonable time, though duration isn’t specified.
Proceeding with eviction despite apparent abandonment provides legal protection but costs time and money. Benefits include: clear legal right to possession, ability to dispose of property properly, and judgment for unpaid rent. Many attorneys recommend completing eviction even after abandonment for legal certainty.
Unique Situations and Edge Cases
Evicting Adult Children from Parents’ Home in Indiana
Parents evicting adult children face unique emotional and legal challenges. Adult children living at home are typically considered licensees or month-to-month tenants, depending on circumstances.
If the adult child pays rent or performs services in lieu of rent, they’re likely a tenant requiring 30-day notice. Without financial contribution, they’re licensees removable on demand. However, if they’ve lived there extensively (years), courts may require formal eviction regardless of payment.
The eviction process follows standard procedures with important modifications. Serve proper notice based on their status (30-day for tenants, reasonable notice for licensees). If they refuse to leave, file eviction in court—don’t attempt self-help removal. Courts often encourage family mediation before ordering eviction. Document any property damage, threats, or illegal activities for stronger case.
Special considerations apply if the adult child has disabilities or provides caretaking services. Disability doesn’t prevent eviction but may extend timelines. Caretaking arrangements might create employment law issues beyond landlord-tenant law.
Evicting Someone from Inherited Property in Indiana Without a Lease
Inheriting occupied property creates complex eviction scenarios. Your rights depend on the occupant’s relationship with the deceased and any agreements they had.
If occupants were the deceased’s tenants with a lease, you inherit the landlord position and must honor existing lease terms until expiration. Month-to-month tenants require standard 30-day notice. For occupants claiming ownership interest (common with unmarried partners), you may need quiet title action before eviction.
Family members living rent-free with the deceased are typically licensees. Provide reasonable notice (usually 30 days) to vacate. If they claim inheritance rights, eviction may pause pending probate resolution. Document their status immediately upon inheriting property to prevent adverse possession claims.
Never begin eviction until estate administration is complete and you have legal authority. Premature eviction attempts can create liability for the estate. Consult probate counsel when occupancy and inheritance issues overlap.
Employer-Provided Housing: Evicting Employees After Termination
Company housing tied to employment creates dual employment-housing relationships. Indiana law treats these differently than standard tenancies.
If housing is provided as part of compensation (resident managers, farmworkers), occupancy typically terminates with employment. No traditional landlord-tenant relationship exists. Provide “reasonable notice” to vacate—courts generally accept 24-72 hours for employment-related housing.
For below-market housing as an employment benefit but with separate lease, standard eviction procedures apply. The lease controls, not employment status. Termination alone doesn’t end tenancy without lease provisions stating otherwise.
Include clear language in employment agreements about housing upon termination. Specify notice periods, condition requirements, and whether standard eviction applies. Without explicit terms, courts default to tenant-friendly interpretations.
Military Service Members and SCRA Protections During Eviction
The Servicemembers Civil Relief Act (SCRA) provides significant protections during eviction proceedings. These federal protections override Indiana state law.
Courts must grant 90-day minimum stays for service members who request them. The service member must show military duty materially affects their ability to pay rent or appear in court. Deployment, training, or PCS orders typically qualify. Judges can grant longer stays based on circumstances.
Landlords must include SCRA affidavits in eviction filings, stating whether defendants are in military service. False statements carry criminal penalties. Check military status at scra-w.dmdc.osd.mil/scra before filing.
Service members can terminate leases early for deployment or PCS orders with 30-day notice. This isn’t eviction-related but prevents many military eviction situations. Illegal eviction of service members can result in criminal prosecution and civil damages.
Mobile Home and RV Park Evictions in Indiana
Mobile home evictions involve unique considerations under IC § 16-41-27. Distinguish between evicting the person versus the structure, as procedures differ significantly.
For tenant-owned mobile homes on rented lots, you’re evicting from land, not the home. Provide 30-day notice for lot rent nonpayment and 90-day notice for park rule violations unless severe. Tenants need time to arrange home relocation, costing $3,000-$10,000.
Park-owned mobile home rentals follow standard residential eviction procedures. However, courts consider the difficulty of quickly relocating, often granting extended time. Abandoned mobile homes require specific procedures under IC § 9-22-1, including notice to lienholders and storage requirements.
RV parks typically operate under IC § 32-31-3 as campgrounds, not residential tenancies. Daily or weekly RV rentals aren’t covered by landlord-tenant law. However, long-term RV residents (30+ days) may gain tenant rights. Document RV stays carefully to avoid unintended tenancy creation.
Post-Eviction Procedures and Obligations
Disposing of Abandoned Property After Eviction
After successful eviction, handling remaining property requires careful compliance with Indiana law. While statutes don’t specify exact procedures, court decisions establish guidelines.
Store valuable items (electronics, jewelry, documents) for minimum 30 days. Photograph all items before moving or disposing. Send written notice to tenant’s last known address about property retrieval. Charge reasonable storage fees but cannot hold property hostage for unpaid rent.
Perishable items, hazardous materials, and clear garbage can be disposed immediately. Items of minimal value (under $500 total) may be disposed after reasonable notice period. Donate usable items to charity and maintain disposal receipts for documentation.
Never sell tenant property to satisfy unpaid rent without court order. This requires separate legal action beyond eviction. Personal documents, photos, and medications require extended storage—90 days minimum recommended.
Tenant Move-Out and Damage Assessment
Document property condition immediately after recovering possession. Take comprehensive photos and video of all rooms, focusing on any damage beyond normal wear and tear. Compare with move-in documentation to establish tenant-caused damage.
Normal wear includes minor carpet wear, small nail holes, faded paint, and minor appliance wear. Tenant damage includes large holes in walls, carpet stains or burns, broken fixtures, and missing appliances. Distinguish between the two carefully, as incorrect damage claims can lead to lawsuits.
Provide itemized damage list if withholding security deposit. Indiana law requires returning deposits within 45 days with detailed deductions. Failure to comply can result in attorney fees and penalties.
FAQs About How to Evict Someone in Indiana
How quickly can you evict a tenant in Indiana?
The fastest eviction process in Indiana takes approximately 2-3 weeks for emergency situations involving property damage. Standard evictions for nonpayment typically take 3-6 weeks, while contested cases can extend 2-4 months.
What is the proper eviction notice Indiana law requires?
The eviction notice in Indiana varies by situation:
- 10-day notice for unpaid rent
- Reasonable notice (14-30 days) for curable lease violations
- 45-day notice for illegal activities
- 30-day notice for month-to-month terminations
- No notice for waste or holdover situations
Can you evict without court proceedings in Indiana?
No. Indiana eviction laws strictly prohibit self-help evictions. Every eviction requires court approval and sheriff enforcement, regardless of the violation’s severity.
What happens after winning an eviction case?
After obtaining judgment, you’ll receive a Writ of Possession. Post the required surety bond, have the sheriff serve the writ, wait 48 hours to 5 days for voluntary vacation, then schedule sheriff enforcement if necessary.
How much notice for month-to-month tenancy?
Month-to-month tenancies require 30 days’ written notice to terminate under Indiana eviction laws. Year-to-year tenancies need 3 months’ notice.
Can you evict a tenant who is in the hospital?
Being hospitalized doesn’t prevent eviction, but courts typically grant continuances for hospitalized tenants unable to appear. Extended hospitalization might constitute abandonment if rent goes unpaid and belongings are removed. However, proceed cautiously—judges sympathize with medical hardships. Consider whether ADA reasonable accommodations apply for disability-related hospitalizations.
Do you need a lawyer to evict someone in Indiana?
No legal requirement exists for attorney representation in eviction proceedings. Many landlords successfully navigate Small Claims Court pro se (self-represented). However, attorneys prove valuable for complex situations involving bankruptcy, subsidized housing, disabled tenants, or commercial properties. Attorney fees range from $500-$10,000 depending on complexity.
Can you evict someone for having unauthorized guests?
Yes, if your lease limits guest stays. Most leases restrict guests to 14 consecutive days or 30 days annually. Document unauthorized occupancy with photos, witness statements, and utility usage records. Serve appropriate cure notice before filing eviction. Courts require clear proof guests exceeded lease limits—sporadic visits rarely justify eviction.
What if the tenant is pregnant or has newborn?
Pregnancy doesn’t prevent eviction under Indiana law, though judges may grant additional time for relocation with newborns. Federal Fair Housing Act prohibits discrimination based on familial status, so ensure eviction grounds are legitimate and documented. Never reference pregnancy or children in eviction notices—focus solely on lease violations.
Can HOA evict homeowners in Indiana?
HOAs cannot evict homeowners through landlord-tenant procedures. Homeowners own their property, creating no landlord-tenant relationship. HOAs enforce rules through fines, liens, and ultimately foreclosure for unpaid assessments. This process differs completely from eviction and typically takes 6-12 months minimum.
Can you evict for hoarding in Indiana?
Yes, when hoarding violates lease terms or creates health/safety hazards. Document fire hazards, pest infestations, or structural damage caused by hoarding. Hoarding may indicate mental illness requiring ADA accommodation considerations. Offer reasonable accommodations like cleaning assistance or extended cure periods. Work with adult protective services for elderly hoarders. Courts often require multiple attempts at resolution before ordering eviction.
What if multiple tenants but only one violates lease?
Joint and several liability means you can evict all tenants for one tenant’s violations. However, courts prefer evicting only violating tenants when possible. If tenants have separate leases, only evict the violator. For roommate situations, innocent tenants might negotiate new lease without violator. Document which tenant caused violations for strongest case.
Can you evict for marijuana use after medical legalization?
Despite medical marijuana discussions, it remains illegal in Indiana as of 2025. Marijuana use violates federal law, permitting eviction even in subsidized housing. Standard illegal drug activity procedures apply—45-day notice with documentation. However, CBD products are legal and cannot justify eviction unless smoking violates lease terms.
How do you evict from a property in foreclosure?
Foreclosure doesn’t automatically terminate tenancies. Federal Protecting Tenants at Foreclosure Act requires honoring existing leases or providing 90-day notice for month-to-month tenants. New owners must follow standard eviction procedures. Tenants can raise foreclosure-related defenses if proper notice wasn’t provided.
Can you evict for emotional distress or harassment of neighbors?
Yes, when behavior violates lease provisions about peaceful enjoyment or constitutes legal harassment. Document all incidents with dates, times, and witness statements. Police reports strengthen your case significantly. Serve appropriate cure notice unless behavior threatens safety, then proceed with expedited eviction. Courts take harassment seriously but require substantial evidence beyond personality conflicts.
Navigate Indiana Eviction Laws with Confidence
Mastering the eviction process in Indiana requires understanding both legal requirements and practical procedures. Whether you’re learning how to evict someone in Indiana for the first time or handling your tenth eviction, success depends on following Indiana eviction laws precisely.
Remember: every eviction notice in Indiana must comply with statutory requirements, every court filing needs proper documentation, and every step must respect both landlord and tenant rights. Special circumstances—from Section 8 housing to winter evictions, from bankruptcy to military protections—add complexity requiring careful navigation.
The hidden costs of eviction extend beyond filing fees. Credit impacts last seven years for tenants. Landlords face months of lost rent plus turnover expenses. Both parties benefit from exploring alternatives like payment plans, mediation, or voluntary move-outs when possible.
When in doubt, consult with an experienced Indiana eviction attorney—the cost of legal guidance pales compared to the expense of a botched eviction, discrimination lawsuit, or illegal eviction damages.
Stay informed about changes to Indiana eviction laws, maintain meticulous records, and always follow proper procedures. Your diligence today prevents costly mistakes tomorrow, ensuring smooth property management and protecting your investment for years to come.
Additional Resources
- Indiana Legal Services: indianalegalservices.org | 1-844-243-8570
- Indiana Courts Forms: in.gov/courts/forms
- MyCase Indiana: mycase.in.gov
- Emergency Assistance: Call 211
- Indiana Housing Authority: in.gov/ihcda
- Fair Housing Hotline: 1-800-669-9777
- Veterans Housing Assistance: 1-877-424-3838
- SCRA Military Status Check: scra-w.dmdc.osd.mil/scra
