What is the eviction process in Indiana?

Indiana eviction is governed by Ind. Code Title 32, Article 31 (Landlord-Tenant Relations) and Title 32, Article 30 (Possession actions).

1. Notice

Nonpayment: 10-day notice to pay or quit (Ind. Code § 32-31-1-6). Tenant cures by paying within 10 days.

Lease violation: Notice as required by the lease; if silent, "reasonable" notice (often 30 days for non-curable breaches under common law).

Tenancy-at-will termination: One month notice (Ind. Code § 32-31-1-1).

Tenancy-from-year-to-year: Three months notice (Ind. Code § 32-31-1-3).

2. Filing the Eviction

Landlord files a Notice of Claim for possession in the Small Claims Division of the township court (Marion County) or the circuit/superior court of the county where the property sits. Filing fee is approximately $80-$170.

3. Service and Hearing

Sheriff or process server serves the tenant. First hearing is set 14-21 days out (varies by county). Indiana uses a two-step process: a possession hearing first, then a damages hearing.

4. Possession Hearing

Informal hearing. If landlord prevails, court issues an Order of Possession.

5. Damages Hearing

A second hearing is scheduled (often 30-60 days later) to determine money damages, including unpaid rent and property damage.

6. Order of Possession and Enforcement

Order of Possession typically gives tenant a period (often 48 hours to 14 days) to vacate. If tenant remains, landlord requests a writ of assistance, executed by the sheriff.

7. Sheriff Lockout

Sheriff schedules and conducts the move-out, often within 30 days of writ.

8. Tenant Defenses

Landlord's failure to deliver habitable premises (Ind. Code § 32-31-8-5), retaliation (Ind. Code § 32-31-8-6, limited), unlawful self-help eviction, security deposit violations (Ind. Code § 32-31-3-12), and improper notice.

This is legal information, not legal advice.