Indiana Eviction Process: A Landlord's Step-by-Step Guide

Operating under the authority of the Indiana Code, established upon Indiana's statehood on December 11, 1816, the eviction process is strictly court-supervised - landlords must follow specific legal procedures to remove a tenant. Self-help evictions such as changing locks, removing doors, or shutting off utilities are illegal under Indiana law and can expose landlords to significant liability.

Legal Grounds for Eviction

Official Law Citation: The rules and regulations outlined on this page are strictly configured under the official Indiana Code Title 32, Article 31 (Landlord-Tenant Relations)Preview unavailable and Title 32, Article 30 (Ejectment)Preview unavailable.

Indiana landlords may initiate eviction proceedings for several reasons:

Eviction Notices and Timelines

10-Day Notice to Pay Rent or Quit

When a tenant fails to pay rent, the landlord must issue a 10-day written notice giving the tenant the opportunity to pay the outstanding balance or vacate (IC 32-31-1-6).

• Tenant has 10 calendar days to pay or move out
• If the tenant pays in full within the 10-day period, the eviction cannot proceed
• The notice must clearly state the amount owed

Notice to Cure or Quit

For lease violations other than nonpayment, the landlord provides a notice with a reasonable amount of time to remedy the noncompliance (IC 32-31-7-7).

• The notice must describe the specific violation
• The tenant must be given the opportunity to remedy the issue
• If the violation is cured within the reasonable period, the landlord cannot proceed with eviction

Unconditional Quit Notice

For severe breaches involving nuisance or illegal activity—such as illegal drug activity or prostitution—the landlord may issue a 45-day unconditional notice to quit with no opportunity to cure (IC 32-30-8-5).

30-Day Notice to Quit (Month-to-Month)

To terminate a month-to-month tenancy without cause, the landlord must provide at least 30 days' written notice before the next rent-due date.

No Notice Required (Exemptions)

Under IC 32-31-1-8, a landlord is not required to provide notice to quit if:

• The lease has a fixed expiration date and the term has ended
• A tenant at will commits waste (substantial property damage)
• The tenant is a tenant at sufferance

The Court Eviction Process

If the tenant does not comply with the notice, the landlord proceeds to court:

Step 1: File the Complaint

File a complaint for possession (and any unpaid rent) at the appropriate Indiana court. Small claims courts handle cases under $10,000.

Step 2: Serve the Tenant

The tenant must be formally served with the summons and complaint. Methods include:

• Personal delivery to the tenant
• Leaving with a responsible person at the residence
• Posting conspicuously on the property
• Certified mail with return receipt

Step 3: Court Hearing

The court will schedule a hearing, typically within 1-2 weeks of filing.

Emergency Possessory Orders (IC 32-31-6): A landlord may petition for an emergency order if the tenant commits or threatens to commit waste. The court must schedule a hearing for an emergency possessory order within 3 business days (IC 32-31-6-5).

The landlord bears the burden of proof and must present:

• A copy of the lease agreement
• Evidence of the violation or nonpayment
• Proof that proper notice was given (if required)
• Documentation of any damages

Step 4: Judgment and Writ of Possession

If the court rules in the landlord's favor, a Writ of Possession (or Writ of Execution) is issued. The tenant typically has 48-72 hours to vacate after the writ is served.

Step 5: Sheriff Enforcement

If the tenant still refuses to leave, only a sheriff or constable can physically remove the tenant. Landlords cannot forcibly remove tenants themselves.

Tenant's Abandoned Property

If a tenant leaves personal property behind after a court-ordered eviction, Indiana law (IC 32-31-4-2, IC 32-31-4-5) requires:

• The landlord may deliver the property to a warehouseman or a court-approved storage facility.
• The landlord must provide notice to the tenant regarding the property's location.
• The property must be stored for at least 90 days.
• The tenant may claim the property within this 90-day period after paying storage costs.

2025 Legislative Updates

Indiana has enacted significant changes effective July 1, 2025:

• SEA 142 (2025) - Mandates the automatic sealing of eviction records if the case is dismissed, judgment is entered for the tenant, or a judgment against the tenant is overturned on appeal.
• SEA 157 (2025) - Establishes an expedited process for removing squatters (unauthorized occupants who never had a rental agreement) within 48 hours via a law enforcement affidavit.

Prohibited Landlord Actions

The following actions are illegal during the eviction process:

• Changing locks or removing doors
• Shutting off utilities (water, gas, electricity)
• Removing the tenant's personal property without court order
• Threatening or intimidating the tenant
• Retaliating against tenants for exercising legal rights

Best Practices for Landlords

1. Document everything - Keep copies of all notices, communications, and lease violations
2. Follow exact notice requirements - Improper notice is the most common reason evictions are dismissed
3. Use written notices - Include tenant name, address, reason for eviction, date, deadline, and your signature
4. Serve notices properly - Follow the allowed service methods
5. Be patient with the process - Attempting to shortcut the legal process creates liability
6. Consider legal representation - An attorney can ensure compliance and handle court appearances

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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