Indiana Eviction Timeline: What Renters Need to Know

Eviction is a stressful experience, but understanding each stage of the Indiana eviction process can help renters protect their rights and prepare for what's ahead. In Indiana, eviction is governed by specific laws and timelines. Here's a clear overview explaining each step, the official forms, and what actions you can take.

Step-by-Step Indiana Eviction Process (2024)

Indiana law requires landlords to follow a legal process before removing a tenant. This gives you time to respond and, in some cases, resolve the issue before losing your home.

1. Notice to Vacate (Eviction Notice)

• For nonpayment of rent: Landlord must serve a 10-Day Notice to Quit. This gives you 10 days to pay overdue rent or move out before a court filing.
• For lease violations (besides nonpayment): You may receive an alternative notice period, depending on your violation. Serious violations (e.g., damage or criminal activity) can sometimes lead to a shorter notice or immediate filing.

If you can fix the violation (for example, pay owed rent within 10 days), the landlord cannot proceed with eviction.

2. Landlord Files for Eviction (Possession Lawsuit)

• If you don't correct the issue or move out by the notice deadline, the landlord files an "Eviction Complaint" (Form: Notice of Claim for Possession of Real Estate).
• This is submitted to the local small claims court, following Indiana’s Landlord-Tenant Statutes (IC 32-31).
• You will receive a court summons, often called the "Notice of Claim." This tells you the court date and explains what is alleged against you.

3. Court Hearing

• The hearing is typically scheduled within 10–21 days after the landlord files the eviction complaint.
• Bring evidence, payment receipts, and witnesses if you wish to defend your case.
• At the hearing, the judge will decide if the eviction should proceed.

4. Judgment and Order of Eviction

• If the landlord wins, the court will issue an "Order of Possession." You typically have a short time (often as little as 48–72 hours) to vacate.
• If you lose and do not leave, the landlord can request a "Writ of Assistance" from the court, allowing law enforcement to remove you.

Important: A landlord cannot forcibly remove you or your belongings themselves. Only law enforcement can physically evict you after the court order.

Key Indiana Eviction Forms for Renters

• 10-Day Notice to Quit (Statutory Notice)
  
  • Given by the landlord if you have not paid rent.
  • Allows you 10 days to pay or move out.
  • See sample language and requirements in the Indiana Code § 32-31-1-6.
• Notice of Claim for Possession of Real Estate (Small Claims/JP Court Complaint)
  
  • Filed by the landlord to start the eviction lawsuit after notice period expires.
  • You will receive it with your court summons.
  • Accessible and explained at the Indiana Judicial Branch Landlord-Tenant Forms page.
• Writ of Assistance
  
  • Filed by landlord only after winning the eviction case if you do not move out voluntarily.
  • Allows the sheriff to remove you and your belongings.
  • Details are described in the Indiana Code § 32-30-2-11.

What Is the Tribunal for Renters and Landlords in Indiana?

Eviction cases in Indiana are handled in the local county Small Claims or Circuit Courts. There is no separate rental tribunal for residential tenancy.

Relevant Indiana Tenancy Legislation

Most renters’ rights and eviction rules are found in Indiana Code Title 32, Article 31 – Landlord-Tenant Relations.

Summary Table: Indiana Eviction Timeline

• Notice Period (nonpayment): 10 days
• Eviction filing to court hearing: Usually 10–21 days
• Time to leave after judgment: As little as 48–72 hours

FAQ: Indiana Eviction Process for Renters

1. How much notice am I required to get before eviction for not paying rent?
   In most cases, you must receive a 10-day written notice before your landlord can file for eviction.
2. Can my landlord evict me without going to court?
   No. In Indiana, a landlord must get a court order before you can be legally forced to leave.
3. What can I do after receiving a court summons for eviction?
   You can attend the hearing, gather evidence, pay owed rent if possible, or seek help from legal aid or mediation services.
4. Does an eviction affect my record?
   Yes. An eviction judgment becomes part of the public court record and may impact future housing opportunities.
5. Are there any eviction protections for renters in Indiana due to health or safety concerns?
   Some court timelines and procedures may change if the rental unit is unsafe or if special emergency laws are in place. Check with Indiana courts for updates.

Conclusion: Key Takeaways for Indiana Renters Facing Eviction

• Landlords must follow strict legal steps and give proper notice before eviction.
• Acting quickly and understanding your rights can give you more options to resolve the situation.
• All renters should carefully review any court paperwork and attend all hearings, or seek help if needed.

Need Help? Resources for Renters

• Indiana Judicial Branch: Find Your Local Court – Information and locations for county courts handling evictions
• IndianaLegalHelp.org – Tenant & Housing Issues – Free legal information and referrals
• Indiana Housing & Community Development Authority (IHCDA) – Rental assistance programs and resources
• Marion County Small Claims Courts – For Indianapolis-area renters

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1. Indiana Code § 32-31-1-6: Notice requirements for nonpayment of rent
2. Indiana Landlord-Tenant Relations: IC 32-31
3. Indiana Judicial Branch – Landlord-Tenant Forms
4. Indiana Code § 32-30-2-11: Enforcement of judgment (Writ of Assistance)
5. Indiana Judicial Branch – Courts and Locations

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