The Indiana Eviction Process: What Landlords Need to Know

Evicting a tenant in Indiana requires landlords to follow specific legal procedures. Failing
to follow the proper steps can delay the process or expose the landlord to liability. Here
is an overview of how the eviction process works.

Eviction is the legal process a landlord uses to lawfully remove a tenant from a rental
property. In Indiana, a landlord cannot simply change the locks, shut off utilities, or
remove a tenant’s belongings to force them out. These actions, sometimes referred to
as self-help evictions, are prohibited under Indiana law. A landlord who attempts a self-
help eviction may face legal consequences, including liability for damages to the tenant.
The only lawful way to remove a tenant who will not voluntarily leave is through a court-
ordered eviction.

The eviction process in Indiana begins with the landlord providing the tenant with written
notice. The type of notice required depends on the reason for the eviction. If the tenant
has failed to pay rent, the landlord must serve a ten-day notice to pay or vacate. This
notice informs the tenant that they have ten days to either pay the overdue rent or leave
the property. If the tenant violates another term of the lease, such as keeping an
unauthorized pet or causing damage to the property, the landlord must provide the
tenant with a notice to cure or quit and a reasonable period to correct the violation. If the
tenant is engaged in criminal activity or has created a public nuisance, the landlord may
serve an unconditional forty-five-day notice to vacate, which does not give the tenant an
opportunity to cure the violation.

If the tenant does not comply with the notice within the specified time period, the
landlord may file an eviction lawsuit with the court in the county where the rental
property is located. The tenant will be served with a copy of the complaint and given an
opportunity to respond. The court will then schedule a hearing at which both the
landlord and tenant can present their case. If the court rules in favor of the landlord, it
will issue an order of possession. If the tenant still does not leave after the order is
issued, the landlord may request that the sheriff enforce the order and remove the
tenant from the property.

Landlords should be aware that tenants may raise defenses during an eviction
proceeding. Such defenses may include claims that the landlord failed to maintain the
property in a habitable condition, that the eviction is retaliatory, or that the landlord did
not follow proper notice procedures. Maintaining thorough records of lease agreements,
notices, communications, and maintenance requests can help landlords support their
case in court.

The eviction process can vary in cost and duration depending on the complexity of the
case and whether the tenant contests the eviction. The real estate attorneys at
McNeelyLaw can help Indiana landlords navigate the eviction process and ensure that
all legal requirements are met. Contact us today to discuss your situation.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of
any specific facts or circumstances. The contents are intended for general informational
purposes only, and you are urged to consult your own lawyer on any specific legal questions
you may have concerning your situation.