Indiana Eviction Process (2024): Grounds, Steps & Timeline (2024)

Last Updated: May 2, 2023 by Elizabeth Souza

Evicting a tenant in Indiana can take around 3 weeks to 4 months, depending on the eviction type, and which type of court the hearing is held in.

Grounds for an Eviction in Indiana

In Indiana, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:

Not paying rent on time
Staying after the lease ends
Violating lease terms
Committing illegal activity

Depending on the grounds for eviction, the landlordneedsto give proper notice and provide the tenant a chance to cure the violation.

Grounds	Notice Period	Curable?
Nonpayment of Rent	10 Days	Yes
End of Lease or No Lease	30 Days	No
Lease Violation	Reasonable	Yes
Criminal or Illegal Activity	45 Days	No

Nonpayment of Rent

In Indiana, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 10 days’notice to quit, which gives the tenant the option to pay the balance due or move out.

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Indiana the day immediately after its due date. Indiana landlordsare notrequired to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlordmusthonor it.

If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

example

If rent is due on February 1st, it will be considered late starting on February 2nd, unless the lease specifically states there is a grace period.

End of Lease or No Lease

In Indiana, a landlordcanevict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant proper30-days’ notice to move out.

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Lease Violations

In Indiana, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Indiana landlord-tenant law. To do so, the landlord must give the tenant a notice to comply or vacate, which gives the tenant a reasonable amount of time to fix the issue or move out.

Examples of lease violations include:

Failing to maintain the rental unit in a clean and sanitary manner
Refusing to allow the landlord access to the rental unit
Using fixtures or appliances in an unreasonable or unsafe manner
Causing minor property damage (i.e. small holes in sheetrock or missing blinds)
Disturbing the peace and enjoyment of others

If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Criminal or Illegal Activity

In Indiana, a landlord can evict a tenant for committing criminal or illegal activity on the premises. To do so, the landlord must first serve the tenant a 45 days’ notice to vacate. The tenant does not have the option to fix the issue and must move out within the 45-day period.

In Indiana, criminal or illegal activity include:

Possessing controlled substances
Committing illegal drug activity
Engaging in vandalism on the premises
Intimidating, threatening or harming other persons

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Illegal Evictions in Indiana

In Indiana, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay actual and consequential damages, attorneys’ fees, court costs, injunctive relief, or any other remedy that the court sees fit.

“Self-Help” Evictions

A landlord isnotallowed to attempt to forcibly remove a tenant by:

Changing the locks
Shutting off utilities
Removing tenant belongings

A tenant can only be legally removed with a court order obtained through the formal eviction process.

Retaliatory Evictions

It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:

Step 1: Landlord Serves Notice to Tenant

A landlord can begin the eviction process in Indiana by serving the tenant with written notice. The notice must be delivered using any of the following methods:

Handing the notice to the tenant in person
Handing the notice to a person of suitable age and discretion at the property AND mailing the notice by certified or registered mail with a return receipt
Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by certified or registered mail with a return receipt

tip

Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.

10-Day Notice to Quit

In Indiana, if a tenant is late on paying rent (full or partial), the landlord can serve them a 10-Day Notice to Quit. This eviction notice gives the tenant 10 days to pay the balance due or move out.

30-Day Notice to Vacate

For a tenant with no lease or a month-to-month lease in Indiana, the landlord can serve them a 30-Day Notice to Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.

However, for tenants that don’t pay monthly, the amount of notice differs:

Rent Payment Frequency	Notice Amount
Week-to-Week	10 Days
Month-to-Month	30 Days
Quarter-to-Quarter	No Statute
Year-to-Year	90 Days

Notice to Comply or Vacate

In Indiana, if a tenant violates the lease or does not uphold their legal responsibilities, the landlord can serve them a Notice to Comply or Vacate. This eviction notice allows the tenant a reasonableamount of time to correct the issue or move out.

45-Day Notice to Vacate

In Indiana, if a tenant commits criminal or illegal activity on the premises, the landlord can serve them a 45-Day Notice to Vacate. This eviction notice gives the tenant 45 days to move out without the chance to fix the issue.

Step 2: Landlord Files Lawsuit with Court

In the next step in the eviction process, Indiana landlords must file a complaint in the appropriate municipal, small claims, superior, or circuit court. Filing fees vary by court type.Indiana eviction filing fees range from $86 to $158.

After the eviction lawsuit is filed, it can take a few days for the court to issue the summons

Step 3: Court Serves Tenant with Summons and Complaint

The summons and complaint may be served on the tenant by a sheriff,but this isn’t a requirement for proper service.

For evictions held in Small Claims Court, the summons and complaint must be served at least 10 days prior to the eviction hearing.

For drug-related evictions, tenants must be served with a copy of the summons and complaint within20 daysof the date the complaint was filed.

For evictions related to prostitution, the summons and complaint must be served at least 5 days before the hearing.

The summons and complaint may be served through any one of the following methods:

Giving a copy to the tenant in person
Mailing a copy via registered or certified mail with a written acknowledgement of receipt to the tenant’s residence, business, or place of employment
Leaving a copy at the tenant’s residence and a copy must be mailed via first class mail

Step 4: Court Holds Hearing and Issues Judgment

The reason for the eviction determines how quickly the eviction hearing will be held:

Ejectments and small claims evictions. The hearing must be held at least 5 days after the tenant is served with the affidavit
Drug-related evictions. The hearing must be held within 20 days of the date the complaint was filed
Waste. An emergency hearing must be held within 3 days of the date the complaint was filed
Prostitution. The hearing must be held within 10 daysof the date the injunction was filed

Indiana state law doesn’t specify how quickly eviction hearings must be held for other eviction types, and when the hearing is held the depends on the trial court’s hearing schedule.

In most cases, if the tenant fails to appear at the hearing, the judicial officer will issue a default judgment in favor of the landlord, meaning the tenant will have to move out.

Step 5: Writ of Execution Is Issued

The writ of execution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant. The filing fee for a writ of execution is $13.

For drug or nuisance related evictions, the sheriff may return to the property no later than 5 daysafter the writ of execution is issued.

For all other evictions cases in Indiana, state law doesn’t indicate how quickly the writ of execution must be issued once the judicial officer has ruled in favor of the landlord, but in some cases, the writ may be handed to the tenant in court.

Step 6: Possession of Property is Returned

How long a tenant has to move out of the rental property depends on the reason for the eviction.

For drug-related evictions or if a tenant has created a nuisance on the property, tenants will only have 72 hours from the date the order is issued in favor of the landlord.

For ejectment actions (and most small claims eviction cases), tenants will only have 48 hours after receiving the order for possession to move out of the rental unit before law enforcement officials return to forcibly remove the tenant.

Indiana Eviction Process Timeline

In Indiana, an eviction can be completed in 3 weeks to 4 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

Below are the parts of the Indiana eviction process outside the control of landlords for cases that go uncontested.

Step	Estimated Time
Initial Notice Period	10-90 Calendar Days
Court Issuing Summons	5-20 Business Days
Court Serving Summons	3-20 Business Days
Tenant Response Period	Not Specified
Court Ruling	3-20 Business Days
Court Serving Writ of Possession	A Few Hours to a Few Days
Final Notice Period	48-72 Hours

Flowchart of Indiana Eviction Process

Indiana Eviction Court Fees

The average cost of an eviction in Indiana for all filing, court, and service fees is $328. However, the cost can vary heavily on the service and eviction execution fees. Eviction lawsuits are filed in Small Claims Court in either Circuit Court or Superior Court.

Fee	Small Claims Circuit/Superior
Initial Court Filing	$87+
Summons Service	~$28
Writ of Eviction Service	$28
Writ of Eviction Execution	~$185+
Notice of Appeal (Optional)	$250

1 IN Code §32-31-1-6 (2019): If a tenant refuses or neglects to pay rent when due, a landlord may terminate the lease with not less than ten (10) days’ notice to the tenant unless: (1) the parties otherwise agreed; or (2) the tenant pays the rent in full before the notice period expires.
2 IN Code §32-31-1-1 (2019): (a) A tenancy at will may be determined by a one (1) month notice in writing, delivered to the tenant.
3 IN Code §32-31-1-3 (2019): A tenancy from year to year may be determined by a notice given to the tenant not less than three (3) months before the expiration of the year.
4 IN Code §32-31-1-8 (2019): Notice is not required to terminate a lease in the following situations:…(3) A tenant at will commits waste. (4) The tenant is a tenant at sufferance… (6) The landlord-tenant relationship does not exist.
5 IN Code §32-31-7-7 (2019): (b) Except as provided in subsection (c), a landlord may not bring an action under this chapter unless the following conditions are met: (1) The landlord gives the tenant notice of the tenant’s noncompliance with a provision of this chapter. (2) The tenant has been given a reasonable amount of time to remedy the noncompliance…
6 IN Code §32-30-8-5 (2019): (a) A person initiating an action under this chapter to abate a nuisance existing on a property shall, at least forty-five (45) days before filing the action, provide notice to: (1) each tenant of the property; and (2) the owner of record that a nuisance exists on the property.
7 IN Code §32-30-7-25 (2019): (b) The owner of a place described in subsection (a) may void the lease or other title under which the tenant or occupant holds…Without process of law, the owner may make immediate entry upon the premises.
8 IN Code § 32-31-8-6 (2021): (d) If the tenant is the prevailing party in an action under this section, the tenant may obtain any of the following, if appropriate under the circ*mstances:
(1) Recovery of the following:
(A) Actual damages and consequential damages.
(B) Attorney’s fees and court costs.
(2) Injunctive relief.
(3) Any other remedy appropriate under the circ*mstances.
9 IN Code § 32-31-8.5-2 (2021): (1) Complaining to a governmental entity responsible for enforcing an applicable building or housing code about a violation with respect to the rental premises that materially affects health or safety.
(2) Complaining to a landlord in writing concerning the landlord’s violation of IC 32-31-5-6 or IC 32-31-8-5.
(3) Bringing an action against the landlord under IC 32-31-6 or IC 32-31-8.
(4) Organizing or becoming a member of a tenant’s organization.
(5) Testifying in a court proceeding or an administrative hearing against the landlord.
10 Indiana Rules of Trial Procedure, Rule 4 (2020): (D) …If a mailing address is not furnished or cannot be determined or if service by mail or other public means is returned without acceptance, the complaint and summons shall promptly be delivered to the sheriff or his deputy who, unless otherwise directed, shall serve the summons.
11 IN Code §32-30-8-8 (2019): (a) If the defendant has not been personally served with process…not more than twenty (20) days after the filing of a complaint and the filing of an affidavit that personal service on the defendant cannot be had after due diligence, may cause a copy of the complaint to be mailed to the defendant by certified mail, restricted delivery, return receipt to the clerk of court requested.
12 IN Code §32-30-7-10 (2019): (a) In an action under this chapter: (1) a copy of the complaint…shall be served upon the defendant at least five (5) days before the hearing.
13 Indiana Rules of Trial Procedure, Rule 4.1 (2020): (A)(1)…by registered or certified mail…to his residence, place of business or employment with return receipt requested and returned showing receipt of the letter; or (2) delivering a copy of the summons and complaint to him personally; or (3) leaving a copy of the summons and complaint at his dwelling house or usual place of abode…
14 Indiana Rules of Trial Procedure, Rule 4.1 (2020): (B) Whenever service is made under Clause (3) or (4) of subdivision (A), the person making the service also shall send by first class mail, a copy of the summons and the complaint to the last known address of the person being served, and this fact shall be shown upon the return.
15 IN Code §32-30-3-2 (2019): (a) …The order to show cause must direct the time within which the order must be served on the defendant and set forth the date, time, and place for the hearing, which may take place no earlier than five (5) business days after the date of service on the defendant.
16 IN Code §32-30-8-9 (2019): (a) Except as otherwise provided under rules adopted by the Indiana supreme court, upon the filing of a complaint initiating an action under this chapter, the court shall schedule a hearing not later than twenty (20) days after the filing date.
17 IN Code §32-31-6-5 (2019): If a tenant or a landlord petitions the court to issue an order under this chapter, the court shall immediately do the following: (1) Review the petition. (2) Schedule an emergency hearing for not later than three (3) business days after the petition is filed.
18 IN Code §32-30-7-9 (2019): (a) After filing the complaint, a complainant may apply to the court for a preliminary injunction. The court shall grant a hearing on the complainant’s motion for preliminary injunction not later than ten (10) days after it is filed.
19 IN Code §32-30-8-11 (2019): Notwithstanding any other provision of law, and in addition to or as a component of a remedy ordered under section 10 of this chapter, the court, after a hearing, may order a tenant that created a nuisance on the property leased by the tenant to vacate the property within seventy-two (72) hours after the issuance of the order.
20 IN Code §32-30-3-10 (2019): If the property is in the possession or control of the defendant or the defendant’s agent, the executing officer shall take the property into custody and remove the occupants from the property not earlier than forty-eight (48) hours after the order of possession is served on the defendant or the defendant’s agent.

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