What is the eviction process in Indiana?

1. Statutory Framework. Indiana eviction (Possessory Action / Ejectment) is governed by Ind. Code § 32-30-2 (ejectment) and Ind. Code § 32-31-1 (landlord-tenant relations), with the residential landlord-tenant obligations at Ind. Code Ch. 32-31-8.

2. Pre-Filing Notice. Nonpayment requires a 10-day notice to quit under Ind. Code § 32-31-1-6 (the tenant may cure by paying within 10 days). Lease breach requires reasonable notice as specified in the lease, or "as much notice as the situation reasonably allows." Month-to-month no-cause termination requires 30 days under Ind. Code § 32-31-1-1.

3. Filing the Complaint. File the Notice of Claim for Possession in the small claims division of the circuit, superior, or county court where the property is located. Filing fee is approximately $95-$130.

4. Tenant Answer / Default. Tenant must appear at the possession hearing set within 14-30 days; no written answer required. Failure to appear results in default order of possession.

5. Hearing. Court holds a possession hearing first, then a separate damages hearing. Defenses include implied warranty of habitability (Ind. Code § 32-31-8-5), retaliation (case law: Markland Communities v. Madison, 825 N.E.2d 31), and federal Fair Housing Act claims.

6. Writ of Possession. Court issues an order of possession; sheriff executes within a reasonable time (often 24-72 hours' notice to the tenant before lockout).

7. Self-Help Prohibition. Ind. Code § 32-31-5-6 prohibits landlord self-help lockouts and utility cutoffs. Tenants may recover actual damages, attorney's fees, and injunctive relief.

8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to nonpayment filings.

9. Just-Cause. Indiana has no statewide just-cause and Ind. Code § 32-31-1-20 preempts local rent control and most local landlord-tenant ordinances.

This is legal information, not legal advice.