Eviction Law in Indiana
Whether the issue is non-payment, damage to your property, or unauthorized occupants, state law outlines a clear path for eviction. But to move forward legally—and avoid costly missteps—it’s important to understand the steps and timeframes required by Indiana statutes.
This guide breaks down Indiana’s eviction process in plain language. Once you’re ready, we can help connect you with an experienced Indiana eviction attorney who can review your case and help you take the next step.
What Is an Eviction?
Eviction is the legal process a landlord must follow to remove a tenant from a rental property, often due to unpaid rent or repeated violations of the lease. But in Indiana, as in many states, the process can be more complex than expected.
Landlord-tenant laws are designed to protect both parties, and this often means additional steps, deadlines, and court involvement for property owners. Understanding the nuances of Indiana’s eviction procedures is key to avoiding missteps that could delay your case or get it thrown out entirely.
It’s important to note that serving an eviction notice doesn’t always mean the tenant will be forced to leave. In many situations, the notice serves as a final warning that gives the tenant a chance to correct the issue—such as paying past-due rent or complying with lease terms.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
When a tenant routinely fails to pay rent on time—or stops paying altogether—it can quickly disrupt your finances and your property operations. While some states offer tenants a short grace period to catch up, Indiana does not have such a provision under state law. If a tenant consistently falls behind, that pattern alone may justify the start of formal eviction proceedings.
According to the Indiana Housing and Community Development Authority (IHCDA), there is no required grace period for late rent. However, if you plan to impose a late fee, it must be reasonable. Indiana law caps those fees at 5% of the total rent amount. This means you can penalize repeat offenders, but you’ll want to be sure your lease agreement includes this provision and that you’re applying it consistently.
To strengthen your position in court, it’s best to maintain a clear paper trail. Send late rent notices every time payment is missed, and save copies for your records. Documentation showing a history of nonpayment will help demonstrate to the court that the tenant had fair warning and failed to remedy the issue.
The Tenant Violates the Terms or Conditions of the Lease Agreement
A lease agreement is a binding legal document. If your tenant breaks the rules you’ve both agreed to—such as moving in unauthorized occupants or operating a business out of the unit—that breach could be enough to start the eviction process. These violations, even if minor at first, can grow into larger issues that impact other tenants or damage the property’s value.
Landlords in Indiana are also bound by the lease. If you’ve agreed to make repairs or uphold certain conditions, you’re expected to follow through. If you don’t, tenants may have grounds to file a complaint or even withhold rent in certain circumstances.
The Tenant Damages the Property
Normal wear and tear is expected when someone lives in a rental unit—but excessive or deliberate damage is another story. Broken blinds and faded carpet are one thing. Holes in the walls, destroyed fixtures, or vandalism are something else entirely. When the damage goes beyond everyday use, eviction may be warranted.
Indiana landlords have the right to take action when significant property damage occurs. If a tenant is actively damaging the unit, you don’t have to wait for the lease to expire. Just be sure to document everything—photos, repair estimates, and written warnings can all strengthen your case if things escalate to court.
The Tenant Uses the Property for Illegal Purposes
If your tenant is involved in illegal activity—such as drug distribution, weapons sales, or other criminal conduct—it creates immediate grounds for eviction. These cases are serious and should be reported to law enforcement right away, especially if they put your safety or your other tenants at risk.
You’ll need evidence to support your claim in court. Police reports, witness statements, or documented complaints can help prove the tenant is using your Indiana rental property for unlawful purposes. Without proof, even the most serious allegations can fall flat in front of a judge.
How to Evict a Tenant in Indiana
Step 1. Check Your Local Laws
Eviction rules aren’t one-size-fits-all. Every state has its own set of landlord-tenant laws, and those laws can even shift at the county or city level. That’s why it’s important to understand Indiana’s specific requirements before you post a notice to vacate. If you act too quickly—or without legal grounds—you could face delays, legal pushback, or even liability.
Under guidance from the Indiana Office of Housing and Urban Development, tenants have the right to a safe and livable environment. This includes the right to reasonable upkeep and the expectation that the rental unit will remain habitable throughout the lease. If a landlord neglects major repairs or fails to provide essential services like heat or plumbing, that could open the door to a counterclaim from the tenant.
Indiana law also protects tenants’ privacy and access. A renter must be allowed to freely enter the home they’re paying for, and the landlord must maintain any shared or common areas in good condition. Landlords who enter without notice, change the locks, or allow communal areas to fall into disrepair may find themselves on the receiving end of a legal complaint.
Step 2. Give a Formal Notice of Eviction
When conversations and compromise fail, it may be time to issue a formal eviction notice. This step should never be taken lightly. The notice acts as a final warning and must clearly outline how the tenant violated the lease. Whether it’s unpaid rent, unauthorized occupants, or property damage, the document should explain what the tenant can do to resolve the issue—if resolution is still possible.
The notice must also include a firm deadline. This is typically a short timeframe—often just a few days—for the tenant to either pay what’s owed or move out voluntarily. Be sure to state the amount due and the exact violation. If you’re unsure how to structure the document, it’s worth reviewing Indiana-specific templates or consulting a local attorney to avoid procedural errors.
According to Property Management resources, Indiana law requires landlords to issue a proper notice before moving forward with eviction—unless the occupant is a squatter with no rental agreement in place. However, serving notice alone isn’t enough to remove someone from your property.
A tenant is legally allowed to stay until the court issues a formal order of possession. Without that court order, you cannot change the locks, remove belongings, or force the tenant out.
Step 3. File the Eviction with the Court
Once you’ve delivered a proper eviction notice, the next step is filing the case with your local court. In Indiana, this usually means the small claims division, where landlord-tenant disputes are commonly handled.
For example, the Floyd County Small Claims and Evictions Court is one of many courts across the state that hears eviction proceedings. After your filing is accepted, the court will issue a summons to the tenant and set a hearing date. Timing is critical here—so don’t delay.
Step 4. Contact an Experienced Indiana Eviction Attorney and Prepare for the Hearing
Having legal counsel at this stage can make all the difference. An experienced Indiana eviction attorney can help you prepare your case and avoid procedural missteps. When you attend the hearing, bring organized documentation that supports your position. This includes:
- A signed copy of the lease agreement
- A full payment history or rent ledger
- Copies of bounced checks or late notices
- Written communication between you and the tenant
- A dated copy of the eviction notice
- Evidence the tenant received the notice (e.g., certified mail receipt or delivery confirmation)
Step 5. Evict the Tenant
Once the court rules in your favor, your tenant will be given a limited window to vacate—typically between 48 hours and seven days, depending on local enforcement. If the tenant still refuses to leave, you have the legal right to involve Indiana law enforcement. At that point, authorities can step in and physically remove the tenant from the premises under a court-issued order.
If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Indiana law enforcement to forcibly remove them from the property.
Step 6. Collect Past-Due Rent Payments
Winning the eviction case doesn’t always mean the financial headache is over. If the tenant left with a past-due balance, you may need to pursue further action to recover those funds. Fortunately, you have options:
- Hire a licensed debt collection agency
- Request a wage garnishment order through the court
- Garnish state or federal tax refunds (if applicable)
- File a separate claim in small claims court to recover damages or unpaid rent
Work with an Experienced Eviction Attorney in Indiana
Don’t be surprised if your tenant pushes back, claiming the eviction process wasn’t handled properly. In Indiana, strict procedural rules apply—and one misstep can jeopardize your entire case. Partnering with a knowledgeable Indiana eviction attorney can take that burden off your shoulders.
If you need legal guidance across county lines or even across state borders, we’re here to help you make the right connection. We can even help you connect with an attorney across Indiana state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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