Indiana Commercial Eviction Process: A Landlord's Legal Guide

Indiana commercial evictions are governed by contract law and the ejectment statutes (IC 32-30-2), rather than the residential landlord-tenant statutes (IC 32-31). The process is heavily dependent on the specific default and remedy provisions drafted into the commercial lease agreement.

Grounds for Commercial Eviction

Official Law Citation: The rules and regulations outlined on this page are primarily governed by general commercial contract law and the ejectment statutes in Indiana Code Title 32, Article 30, Chapter 2Preview unavailable.

Commercial landlords may evict tenants for a variety of lease-defined reasons:

Notice Requirements

Notice for Nonpayment

When a commercial tenant fails to pay rent or other required charges:

• The landlord must issue a notice to pay or quit according to the timeline specified in the commercial lease
• Notice must specify the exact amount owed
• Unlike residential leases, there is no statutory "10-day notice" requirement for standard commercial leases; the lease terms dictate the cure period
• If the tenant pays in full within the lease-defined cure period, the eviction cannot proceed

Notice to Cure Lease Violations

For breaches other than nonpayment:

• The landlord provides written notice describing the violation
• A reasonable cure period must be given - typically 14-30 days for commercial leases
• The notice should reference the specific lease provision violated
• If the violation is cured, the landlord cannot proceed with eviction

Default Provisions in the Lease

Well-drafted commercial leases typically include detailed default and remedies provisions that may:

• Define specific cure periods for different types of defaults
• Allow for accelerated rent upon default
• Grant the landlord the right to re-enter and re-let the premises
• Require the tenant to pay landlord's attorneys' fees and costs

Court Eviction Process

Step 1: File the Complaint

File a complaint for possession (and monetary damages if applicable) in the appropriate Indiana court. Cases involving larger amounts may go to Indiana Commercial Courts in Marion, Allen, Lake, St. Joseph, or Vanderburgh counties.

Step 2: Serve the Tenant

The tenant must be formally served with the summons and complaint via:

• Personal service
• Service on an officer, partner, or registered agent of the business
• Certified mail with return receipt
• Publication (if other methods fail)

Step 3: Court Hearing

The court schedules a hearing, typically within 1-3 weeks. The landlord must present:

• Executed lease agreement
• Evidence of default or nonpayment
• Proof of proper notice
• Documentation of damages
• Any relevant correspondence

Step 4: Judgment

If the court rules for the landlord, it may award:

• Possession of the premises
• Monetary judgment for unpaid rent and damages
• Attorneys' fees (if the lease provides for it)
• Accelerated rent (if the lease provides for it)

Step 5: Writ of Possession

A Writ of Possession is issued, giving the tenant 48-72 hours to vacate. Only a sheriff can enforce the writ by physically removing the tenant.

Self-Help Evictions

Self-help evictions are generally prohibited in Indiana, even for commercial properties. Landlords should not:

• Change locks without court authorization
• Shut off utilities
• Remove tenant property without a court order
• Block access to the premises

However, some commercial leases include re-entry clauses that may allow the landlord to regain possession under specific circumstances. These clauses should be drafted carefully with legal counsel to ensure enforceability.

Tenant's Abandoned Property

If a commercial tenant leaves equipment, inventory, or other property behind:

• Review the lease for provisions addressing abandoned property
• Provide written notice to the tenant at their last known address
• Allow a reasonable period for the tenant to claim property
• Store property safely or seek a court order for disposal
• Document the condition and value of all abandoned property

Key Considerations for Commercial Evictions

1. Review the lease first - The lease terms often expand or modify default statutory procedures
2. Document all defaults - Maintain detailed records of missed payments and violations
3. Act promptly - Delays can be costly in commercial situations
4. Consider negotiation - A negotiated exit (surrender agreement) is often faster and less expensive than litigation
5. Address ongoing obligations - Personal guarantees, remaining lease term, and unamortized TI costs
6. Consult specialized counsel - Commercial evictions involve complexities beyond residential cases

How Landager Helps

Landager continually tracks lease terms, required compliance items, and strict accounting records - making it easy to stay compliant with Indiana regulations.

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