Outline of the Eviction Process in Indiana

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: Ind. Code § 32-31-1-1 to § 32-31-9-16 (Landlord-Tenant Relations); § 34-55-10-1 to § 34-55-10-15 (Eviction Actions).

2. Notice to Quit

• Written notice served:
  • Non-payment: 10-day notice to pay or vacate.
  • Lease violation: 30-day notice to cure or vacate (if curable); immediate for non-curable.
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice.
  • Illegal activity or holdover: Immediate or 10-day notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (within 10 days) or fixing violation (within 30 days).

3. Filing the Eviction Case

• File Complaint for Eviction and Damages in Circuit, Superior, or Small Claims Court.
• Documents: Complaint, summons, Notice to Quit, lease, proof of service.
• Fee: ~$85–$141 (varies by county).
• Timing: After notice period expires (e.g., 11th day for 10-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 5 days before hearing.
• Methods: Personal delivery, left with resident (age 18+), or mailed (certified mail, with court approval).
• Tenant must file Answer or appear at hearing; rent deposit may be required for non-payment cases.

5. Court Hearing

• Held 10–21 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Execution or Order of Possession if landlord wins.
• Appeal: 7 days (requires bond).
• Writ issued: ~7–14 days post-judgment; sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Ind. Code § 32-31-1-6.

8. Tenant Protections

• Rights:
  • Cure violations (10 days for rent, 30 days for lease issues), defenses (retaliation, discrimination, limited habitability).
  • No self-help evictions (landlord penalties include damages or property return).
• Resources:
  • Indiana Legal Services (800-822-4774), indianalegalservices.org, nclegalclinic.org.

Notes

• Disclaimer: General guide; consult a lawyer. County practices may vary.
• Sources: Ind. Code § 32-31-1-1 to § 32-31-9-16, § 34-55-10-1 to § 34-55-10-15; courts.in.gov; indianalegalservices.org.