How to Fight an Illegal Eviction in Indiana

If you’re a renter in Indiana and worried that your landlord is trying to evict you unfairly or without proper legal procedure, it’s important to know your rights. Indiana law protects tenants from illegal evictions and outlines strict rules landlords must follow. This guide explains how to recognize and fight back against unlawful eviction in Indiana, with clear step-by-step actions and links to official resources.

Understanding Evictions in Indiana

Evictions in Indiana must be handled through the court system. A landlord cannot lock you out, shut off vital services, or remove your belongings without a formal eviction order from the court. Any attempt by a landlord to remove you without going through the legal process is considered an illegal eviction.

• Eviction Notice: Most evictions start with a written notice. Types include notice for nonpayment, lease violations, or end of term.
• Court Process: If you do not move out after the notice period, the landlord must file an eviction case with an Indiana court.
• Official Order: Only a judge can order your removal and only a sheriff can carry out a physical eviction.

Indiana’s main tenancy law is the Indiana Code Title 32, Article 31 – Landlord-Tenant Relations.^[1]

What is an Illegal Eviction?

Illegal eviction, sometimes called a "self-help eviction," happens when a landlord tries to remove a tenant without following proper legal steps. Examples include:

• Changing the locks without a court order
• Shutting off heat, water, or electricity to force you out
• Removing your doors or belongings
• Threatening or harassing you into leaving

If your landlord does any of the above, you have rights and options to challenge their actions.

Steps to Fight an Illegal Eviction in Indiana

This process helps renters protect themselves, regain access, and, if needed, get compensation.

Step 1: Document Everything

• Take clear photos or video of your unit, belongings, and anything your landlord has done (like new locks or property damage).
• Save all written communication with your landlord (texts, emails, letters).
• List dates and times of each incident.

Step 2: Call Law Enforcement

• If you are locked out or feel unsafe, contact your local police or sheriff’s office. Tell them your landlord is trying to evict you without a court order.
• Ask the responding officer to write an incident report. This can help you regain access or support your court case.

Step 3: File for Emergency Relief in Court

If you have been unlawfully locked out, you can request the court to restore you to the rental unit. In Indiana, you can ask for an "Emergency Possession Order." This is a request for the judge to order your landlord to let you back in right away.

• Form: You may use a local court’s “Petition for Emergency Possession” or similar motion. Check your county court’s website for forms. For example, Marion County provides housing court resources.
• How it’s used: File this petition as soon as possible after being locked out. Explain what happened, include your evidence, and ask for an immediate hearing.

In other areas, ask the clerk for an “emergency possession motion” or "Tenant Petition to Restore Possession." Visit your local Indiana court self-service center for county-specific information.

Step 4: Attend Your Court Hearing

• Bring all documentation and witnesses if possible.
• Explain how your landlord illegally removed you or tried to force you out.
• The judge can order your landlord to let you back in and may award damages.

If you believe you’re being threatened with illegal eviction, get help right away. Don’t abandon your home and keep records of every encounter or communication with your landlord.

Relevant Forms and Where to Find Them

• Petition for Emergency Possession (no state-wide standard number): Use this if you’ve been locked out without a court order. Request immediate access from the court. Ask your local county court or visit the Indiana Judicial Branch Self-Service Legal Center for forms.
• Civil Complaint Form: Help you file a lawsuit against your landlord for damages from an illegal eviction. Get forms from your local Small Claims Court. Marion County links are available on the official city government eviction page.

Each form must be filled out with your details, the circumstances of your eviction, and attached evidence. File the forms at your courthouse during business hours or by following directions on the court’s website.

Which Tribunal Handles Evictions in Indiana?

Eviction actions are overseen by the Circuit or Superior Courts in each Indiana county. For the most up-to-date information or to locate your court, visit the Indiana Judicial Branch website.^[2]

FAQ for Indiana Renters

1. What is a “self-help” eviction under Indiana law?
   A "self-help eviction" is when a landlord tries to remove a tenant without using the court process, such as changing locks or shutting off utilities. This is illegal in Indiana.
2. Can my landlord lock me out without any notice?
   No. Only a sheriff can evict a tenant in Indiana after a court order. Lockouts without legal process are illegal.
3. What should I do if the landlord shuts off my utilities?
   Document everything, contact local authorities, and consider filing a petition with your local court for immediate help.
4. What damages can I recover if my landlord illegally evicts me?
   Indiana law allows tenants to sue for damages, the cost of alternate housing, and possibly more. Actual damages are determined by the court.
5. Is there a specific form to restore possession in Indiana?
   Most counties have a “petition for emergency possession” or similar motion. Ask your local court clerk for assistance or visit the Indiana Self-Service Legal Center online.

Conclusion: Your Rights and Next Steps

• Indiana renters are protected against illegal eviction and must be removed only by court order.
• If a landlord tries to evict you improperly, document everything and take immediate action through the courts.
• Reach out for support — free or low-cost legal help is available from state and county resources.

Knowing the law can help you stay safe in your home and challenge any unfair actions by your landlord.

Need Help? Resources for Renters

• Indiana Judicial Branch Self-Service Legal Center – Forms and guidance for tenants
• Indiana Housing and Community Development Authority – Housing stability resources
• Indiana Legal Services – Free or low-cost legal aid for renters
• Indiana Court Finder – Find your local courthouse

---

1. Indiana Code Title 32, Article 31 – Landlord-Tenant Relations
2. Indiana Judicial Branch Courts Directory

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations