Illegal Self-Help Evictions in Indiana: Renter Protections

Facing threats of eviction can be stressful for Indiana renters. It's important to know that state laws clearly define what a landlord can and cannot do when removing a tenant. Understanding your protections against illegal self-help evictions helps you keep your home safe and ensures your landlord follows the law. This guide will explain which actions are illegal, what you can do if your landlord tries them, and where to find official help.

What Is a Self-Help Eviction?

A self-help eviction is when a landlord tries to remove a tenant without a formal court process. In Indiana, this is against the law. State law requires landlords to follow specific legal steps, including giving proper notice and obtaining a court order before evicting someone from their rental.

What Actions Are Illegal for Landlords in Indiana?

Under Indiana law, a landlord cannot use force or bypass the justice system to remove a tenant. Here are common illegal self-help eviction actions:

• Changing the locks on your rental without a court order
• Shutting off utilities (water, electricity, gas) to force you to leave
• Removing your doors or windows
• Removing your possessions from your home
• Threatening or harassing you to make you move out

All legal evictions require the landlord to obtain a court order first. If you have not seen a judge or received official court paperwork, your landlord cannot legally remove you from your home. For detailed legal information, see the Indiana Code Title 32 - Landlord-Tenant Relations.¹

What the Law Says

According to Indiana Code Section 32-31-5-6, landlords must not remove or exclude tenants by interrupting essential services, removing belongings, or changing locks, unless acting on a court order. Doing so is grounds for tenants to seek damages and possibly recover legal fees.

What Should You Do If Faced with Illegal Eviction?

If your landlord tries to evict you without a court order, you have the right to:

• Remain in your home until an official eviction order is issued
• Contact local law enforcement if you are locked out or threatened
• File a complaint or lawsuit for damages, including attorney's fees, under Indiana law

Official Forms and How to Use Them

• Notice of Claim (Small Claims Court)
  You may use Indiana's "Notice of Claim" form (no statewide number, available at most county clerk offices) to file against a landlord for illegal eviction actions, damages, or recovery of property.
  Example: If your landlord locks you out without a court order, you can go to your county's small claims court and submit this form. Access Indiana court self-service forms here.²
• Eviction Notice Forms
  Landlords must use official eviction notice forms, such as a "10-Day Notice to Quit," before filing for eviction in court. Tenants are not responsible for filing these but should keep copies they receive. Read more from the Indiana Judicial Branch Landlord and Tenant Resource page.³

Where Are Renters' Cases Handled?

All eviction cases in Indiana are handled by the Indiana court system, typically at the county Small Claims Court or Circuit Court level. The Indiana Judicial Branch Landlord and Tenant Resource page offers details about filing and responding to cases.

Indiana Tenancy Legislation

The main law governing rental rights and evictions is Indiana Code Title 32, Article 31: Landlord-Tenant Relations.¹ For key protections against illegal evictions, review Section 32-31-5-6.

FAQ: Indiana Renters and Illegal Evictions

1. What should I do if my landlord locks me out illegally?
   Stay calm, call your local police for help re-entering, and keep proof of your lease. You may also file a small claims case for damages.
2. Can my landlord turn off my utilities to force me to leave?
   No. Indiana law prohibits landlords from shutting off water, electricity, or gas to push a tenant out. Report this action immediately.
3. How can I start a legal case if I've been the victim of a self-help eviction?
   File a "Notice of Claim" in Small Claims Court. Visit your county clerk or local court's website for the proper form and procedures.
4. Do I have to move out if I get an eviction notice, but no court order?
   No. You are only required to leave after a judge issues an official eviction order following a court hearing.
5. Where can I find more information or help as a renter in Indiana?
   You can visit the Indiana Judicial Branch, review the Indiana Code, or contact a local legal services office for assistance.

Conclusion: Key Takeaways for Indiana Renters

• Self-help evictions—like lockouts or utility shutoffs—are illegal in Indiana.
• Your landlord must get a court order before you can be legally removed.
• If you experience an illegal eviction attempt, stay calm, contact authorities, and seek legal resources to protect your rights.

Need Help? Resources for Renters

• Indiana Judicial Branch Landlord and Tenant Resource
• Find Your County Court
• Indiana Legal Services – Tenant Advocacy
• Read Indiana Landlord-Tenant Law (Title 32, Article 31)

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1. Indiana Code Title 32, Article 31: Landlord-Tenant Relations
2. Indiana Court Forms – Self-Service Legal Center
3. Indiana Judicial Branch Landlord and Tenant Resource

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