Indiana Eviction Laws and Eviction Process

A reference of Indiana eviction laws, and steps of the Indiana eviction process for landlords and renters, updated 2021.

• What are the reasons for eviction under Indiana eviction laws?
  • Nonpayment of rent (Indiana Code 32-31-1-6).
  • Non-compliance with the lease terms (Indiana Code 31-31-7-7).
  • Tenant commits waste (Indiana Code 32-31-1-8).
  • Ending a lease at the agreed-upon time (Indiana Code 32-31-1-8).
  • Remaining in possession of the property after the lease term has ended (Indiana Code 32-31-1-8).

• What notice do Indiana eviction laws require that landlords provide tenants before starting the eviction process?
  • For evictions based on non-payment of rent, the landlord must give a 10-day notice before starting the eviction process in Indiana. (Indiana Code 32-31-1-6).
  • For evictions based on non-compliance of the lease terms, the landlord must provide a “reasonable amount of time” to remedy the non-compliance. (Indiana Code 31-31-7-7).
  • Indiana law does not require notice to terminate a lease in all situations, including:
    • The landlord agrees to rent the property to the tenant for a specified period of time and this time lapses
    • The length of the tenancy is specified in the lease agreement
    • The tenant commits waste
    • The tenant stays in possession of the property after the lease term (Indiana Code 32-31-1-8).
      
• Do Indiana eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? 
  • No. Indiana law specifically prohibits self-help eviction methods, including 
    • Changing the locks or adding a device to exclude the tenant from the rental property
    • Removing doors, windows, fixtures, or appliances from the rental unit
    • Interrupting or shutting off utilities (Indiana Code 32-31-5-6).

Indiana Eviction Process: Step-by-Step

Here are the six steps to carry out a lawful eviction process in Indiana:

1. Provide a written eviction notice. If required, the landlord must provide the appropriate written eviction notice to the tenant that says why the landlord is evicting the tenant and gives them a specific number of days to vacate the property. The landlord must provide the eviction notice to the tenant in person, if possible. If that is not possible, the landlord can deliver the notice to any other person who resides in the rental unit or post the notice on the tenant’s door.  
2. File the eviction papers. If the tenant refuses to leave the property in the time proscribed in the eviction notice, the landlord can begin the judicial eviction process in Indiana by filing the eviction papers. 
3. Serve the eviction documents. The landlord must serve the tenant with the complaint. 
4. Attend the hearing. The parties appear at court and present their cases and defenses. If the landlord wins, they can receive an order to give to the sheriff to forcibly remove the tenant from the property. 

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