Indiana Eviction Process: A Landlord's Step-by-Step Guide
Complete guide to Indiana eviction procedures including notice requirements, timelines, court filings, and 2026 legislative updates for landlords.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
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) and Title 32, Article 30 (Ejectment).
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
- Document everything - Keep copies of all notices, communications, and lease violations
- Follow exact notice requirements - Improper notice is the most common reason evictions are dismissed
- Use written notices - Include tenant name, address, reason for eviction, date, deadline, and your signature
- Serve notices properly - Follow the allowed service methods
- Be patient with the process - Attempting to shortcut the legal process creates liability
- 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.
Frequently Asked Questions
▶What is the Indiana eviction process and how long does it take?
The Indiana eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Indiana. The full court process varies but typically takes several weeks.
▶What are the Indiana landlord-tenant laws every property owner should know?
Indiana is widely considered a landlord-friendly state, with relatively straightforward regulations that give property owners significant flexibility in managing rental properties. Understanding the key statutes under Indiana Code Title 32, Article 31 is essential for running a compliant and successful rental business. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What are the Indiana security deposit rules and return deadlines?
Indiana has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Indiana rent increase laws and caps for landlords?
Indiana has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Indiana has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Indiana?
Indiana has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Indiana state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Indiana landlords provide to tenants?
Indiana landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Indiana lease requirements for rental properties?
Indiana recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Indiana law.
Read the complete guide▶What are Indiana landlord maintenance obligations and habitability standards?
Indiana landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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