How to Legally Evict a Roommate Not on the Lease in Indiana

Dealing with a roommate who isn’t on your lease in Indiana can be a legal headache. Whether it’s unpaid rent, property damage, or disruptive behavior, it’s essential to follow Indiana law to avoid complications. Understanding your rights—and your obligations—can help you resolve shared housing conflicts efficiently and legally.

Understanding Roommate Status in Indiana Rental Law

In Indiana, if someone lives in your home but isn’t listed on the lease, they may be considered a “licensee” or, in some cases, a “tenant at will.” This means they don’t have the same legal protections as someone who signed the rental agreement, but you still may need to follow a legal process to have them removed.

Are You the Tenant or Subtenant?

• Main tenant (on the lease): You’re legally recognized by the landlord and responsible for the unit.
• Roommate not on the lease: Considered a guest, licensee, or an unauthorized occupant.
• If you’ve collected rent or had a long-term arrangement, your roommate may have some tenant rights, even without a written agreement.

Regardless of title, Indiana law does not allow “self-help” evictions such as changing locks, removing property, or shutting off utilities. Legal process is required.¹

Eviction Process for Roommates Not on Lease in Indiana

To legally remove a roommate who isn’t on your lease, you generally need to use the same court eviction process as a landlord evicting a tenant.

Step 1: Provide Written Notice

• Indiana requires you to give “reasonable notice” for a week-to-week arrangement or at least 30 days for a month-to-month arrangement. If no clear lease exists, 30 days is safest.²
• Use a simple Notice to Vacate form or write a letter stating when you expect the roommate to move out.
• Deliver it in person or via certified mail for proof.

Step 2: File an Eviction (Possession) Case if Needed

• If your roommate does not leave after notice, you can file for eviction (called an “action for possession”).
• Official form: CC-76 Complaint for Eviction (Possession Only)
• How it’s used: File this form at your local small claims court, stating why you are seeking removal.
• Pay the required filing fee (check your local county court website for up-to-date rates).

Step 3: Attend the Hearing

• You and your roommate will be notified of your court date.
• Provide any proof, such as the notice, communication about shared expenses, or testimony about the agreement.
• If the judge rules in your favor, the roommate will be ordered to vacate (with law enforcement assistance if necessary).

Relevant Indiana Legislation and Tribunals

• Indiana Code Title 32 Article 31 – Landlord-Tenant Relations³
• Indiana courts, usually small claims court, handle these cases. Find your local county court on the Indiana Judicial Branch website.

These resources outline tenant and landlord rights for Indiana, including eviction processes and court procedures for residential disputes.

Common Mistakes to Avoid

• Changing locks or removing belongings without a court order.
• Not providing adequate written notice.
• Failing to attend your court hearing or provide evidence.

Official Forms You May Need

• CC-76 Complaint for Eviction (Possession Only)
  • When to use: After notice period expires without your roommate moving out.
  • How to use: Submit at local small claims court. Include reasons for eviction and proof of notice delivered.
• Notice to Vacate (no official number)
  • When to use: First step; notify your roommate in writing they must leave by a specified date.
  • How to use: Deliver the notice and keep proof for court.

FAQ: Indiana Roommate Eviction

1. Can I change the locks to force my roommate out?
   No. Indiana law prohibits self-help eviction methods, including lock changes, without a court order.
2. What if my roommate has never paid rent?
   Even without a rent arrangement, if they have lived with you for some time, you must give notice and use the court process to remove them.
3. What notice is required to evict a roommate not on the lease?
   Generally, 30 days’ written notice is safest unless otherwise agreed. For week-to-week arrangements, one week’s notice is generally sufficient.
4. Where do I file forms for evicting a roommate?
   Go to your local county small claims court. Find court locations and contact info on the Indiana Judicial Branch website.
5. Who enforces the removal if my roommate still won’t leave?
   If the court rules in your favor, law enforcement may be authorized to remove the roommate if they do not comply.

Key Takeaways

• Always give written notice before starting an eviction, even if your roommate isn’t on the lease.
• Use official court forms and follow the small claims court process in Indiana for eviction.
• Avoid any self-help actions. Rely on the court and local law enforcement for removal.

Need Help? Resources for Renters

• Indiana Judicial Branch – Find Your Local Court
• Indiana Housing and Community Development Authority (IHCDA)
• Indiana Attorney General – Consumer Protection Division
• Indiana Legal Services – Free Help for Low-Income Renters

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1. See Indiana Code IC 32-31-6 regarding landlord-tenant relations and eviction rules.
2. See Indiana Code IC 32-31-1 and practical guidance at the Indiana Judicial Branch regarding required notice.
3. For full details on residential tenancies, see Indiana Code Title 32.

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