Indiana Lockout Laws: Renter Protections & What to Do
If you’re a renter in Indiana and unexpectedly find yourself locked out of your rental, knowing your rights and the steps to take is crucial. Lockouts are stressful, but Indiana law provides renters with clear protections and remedies. This guide covers your legal rights, what landlords can and cannot do, and how you can respond effectively.
Understanding Lockouts in Indiana
Under Indiana law, a lockout occurs when a landlord changes the locks or otherwise denies access to your rental without first following the legal eviction process. This is generally prohibited, except in emergencies or with your permission. If you’re locked out and it wasn’t due to a court order or for immediate repairs, your landlord may be in violation of the law.
What Landlords Are Not Allowed to Do
- Change locks or remove doors/windows to evict you without a court order
- Shut off utilities (water, heat, electricity) to force you out
- Remove your personal belongings from the property as a means of eviction
Indiana's Indiana Code Title 32, Article 31 outlines the rules for landlord and tenant responsibilities, including lockouts.
What to Do If You Are Locked Out
If you're facing a lockout situation, it's important to remain calm and not attempt to re-enter by force. Instead, try the following steps:
- Document the situation with photos or videos (showing the changed locks, posted notices, etc.)
- Contact your landlord in writing, asking for immediate access and referencing Indiana Code 32-31-5-6
- If no resolution, you may seek legal remedies, including applying for an emergency court order to regain possession
- In urgent situations, contact your local police non-emergency number to report an illegal lockout
Relevant Forms and Where to File
If a landlord illegally locks you out, you may apply for an emergency court order at your county’s local court. Indiana currently does not provide a standardized "Tenant's Motion for Emergency Possession" statewide form, but courts generally accept written motions under Indiana Code 32-31-6-3.
- Form Name: Emergency Possession Motion or Injunctive Relief (no official statewide form number)
- When Used: If your landlord locks you out without a court order, you can file this motion in your county’s Superior or Circuit Court. For example, if you return home and find your locks changed, you can draft a brief written request to the court for an emergency order restoring access.
- Find your local Indiana court
- Include your name, address, landlord's name, a description of what happened, and your request for immediate access
Which Tribunal Handles Complaints?
Residential tenancy disputes in Indiana are handled through the Indiana Judicial Branch (local trial courts). There is no separate housing board; eviction and lockout matters are filed directly with your county court.
Legal Protections for Indiana Renters
- Landlords must follow the legal eviction process. This involves providing proper notice and obtaining a court order before you can be removed.
- If a lockout or unlawful utility shutoff occurs, you may be able to regain entry and claim damages under the Indiana security of tenants statutes.
- Self-help evictions (like lockouts without a court order) are generally illegal.
If your situation involves threats or physical removal, you should also consider contacting local law enforcement.
FAQ: Indiana Lockout Laws & Emergency Protections
- Can my landlord lock me out without an eviction order? No. Indiana law prohibits landlords from locking out tenants without a court-ordered eviction.
- What should I do if I find myself locked out? Stay calm, document the lockout, contact your landlord in writing, and consider seeking help from the court if needed.
- Can I call the police if I’m illegally locked out? Yes. Police may help restore access or advise you on how to regain entry lawfully.
- Is there a specific form for tenants to get back into their home? No standardized statewide form exists, but you can file a written motion for emergency possession at your local court.
- What damages can I claim if my landlord locks me out illegally? You may be entitled to actual damages, court costs, and sometimes attorney’s fees, depending on the situation and court decision.
Need Help? Resources for Renters
- Indiana Judicial Branch – Find Your Local Court
- Indiana Housing & Community Development Authority – Renter Resources
- Indiana Legal Help – Find Free/Low-cost Legal Aid
- Local police non-emergency number for immediate assistance during illegal lockouts
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