Partial Rent Payments and Eviction in Indiana: What Renters Need to Know

In Indiana, paying rent in full and on time is a key part of your rental agreement. However, life can bring surprises—sometimes renters can only make a partial rent payment instead of the full amount. If you find yourself in this situation, it's essential to know how partial payments may affect your rights and your risk of eviction under Indiana law. This guide explains partial rent payments, possible consequences, the relevant legal process, and resources for support.

Partial Rent Payments in Indiana: What Happens

When a renter in Indiana pays less than the total rent due (a partial payment), several legal issues may come up. Indiana law does not require landlords to accept partial rent payments. If you make a partial payment, your landlord may:

• Refuse the payment and demand the full amount
• Accept the partial payment but still proceed with an eviction for the unpaid balance
• Offer a written payment agreement for the remaining balance

The outcome largely depends on your lease, communication with your landlord, and whether an official agreement is reached.

How Partial Payments Affect Eviction Risk

Paying only part of your rent does not automatically stop an eviction. Under Indiana Code, even if your landlord accepts a partial payment, they may still start the eviction process for nonpayment of the rest of the rent.

• Partial payment may reduce the amount you owe but does not erase your obligation to pay the full rent
• Your landlord can still issue a notice demanding the remaining balance
• If the full rent is not paid after notice, your landlord may file for eviction in small claims court

Always ask your landlord to provide a written statement if they agree to pause eviction after receiving a partial payment.

Eviction Process and Forms in Indiana

Eviction for nonpayment requires the landlord to follow legal steps, often starting with a written demand.

• 10-Day Notice to Quit: Landlords usually serve this written notice to demand overdue rent. View Indiana sample eviction forms.
• Notice of Claim for Possession of Real Estate (Small Claims Docket Form #SC-50): Used by landlords to start an eviction action in small claims court if the rent remains unpaid. See the official Notice of Claim for Possession form (SC-50).

If you receive one of these documents and still owe any rent, act quickly. Paying the total owed or reaching a formal repayment plan (in writing) with your landlord can sometimes halt the process.

Paying Rent After Eviction Action Begins

Once your landlord files an eviction lawsuit in court, paying all the rent and court costs may stop the eviction. However, after judgment is entered in favor of the landlord, you may lose the right to remain unless the landlord agrees in writing to let you stay.

Each case is unique—timing, communication, and documentation are critical. Indiana’s Landlord-Tenant Act (Indiana Code Title 32, Article 31) outlines these procedures in detail.^[1]

Key Official Forms for Renters

• Notice of Claim for Possession of Real Estate (Form #SC-50): Used by landlords to begin an eviction case in small claims court. Example: If you haven't paid full rent and receive this form, it means your landlord is formally starting an eviction. Access SC-50 here.
• Verified Motion to Set Aside Default Judgment (Small Claims): If you miss a court date and lose by default, you may use this form to ask the court for another chance. View Motion to Set Aside Default Judgment.

These forms must be filed with your local Indiana small claims court. You can find your county court via the Indiana Courts Directory.

Understanding the Indiana Eviction Tribunal

Eviction cases in Indiana are handled by the Indiana trial courts (including small claims courts). These courts review landlord-tenant disputes, including eviction for unpaid rent.

Legal Protections and Resources

Indiana’s landlord-tenant laws are in Indiana Code Title 32, Article 31—the Landlord-Tenant Act. For housing discrimination or other concerns, you can contact the Indiana Civil Rights Commission.

FAQs About Partial Rent and Eviction in Indiana

1. Does paying part of my rent protect me from eviction in Indiana?
   Payer only part of your rent does not prevent your landlord from evicting you for the unpaid balance. Landlords can and often do proceed with eviction if full payment isn’t made.
2. Can my landlord refuse a partial rent payment?
   Yes. Indiana law allows landlords to refuse partial payments and insist on the full amount before rent is considered paid.
3. What if my landlord accepts a partial payment?
   If your landlord accepts a partial payment, they can still evict you for not paying the rest—unless you both agree in writing to a payment plan or modified arrangement.
4. What should I do if I receive a Notice of Claim for Possession (SC-50)?
   Respond promptly. Pay your rent in full if possible, attend your court date, and consider seeking legal help. You may also file a Verified Motion to Set Aside Default Judgment if you miss court.
5. Where can I get renter help in Indiana?
   Contact the Indiana Civil Rights Commission, Indiana Legal Services, or your local court for assistance. Check resources below.

Need Help? Resources for Renters

• Indiana Court System: Case lookup, small claims courts, court forms
• Indiana Civil Rights Commission: Housing complaints & discrimination issues
• Indiana Legal Services: Free or low-cost legal help for renters
• Indiana Landlord-Tenant Laws: Full legislation
• Find Your County Court

---

1. Indiana Code Title 32, Article 31: Landlord-Tenant Act
2. Indiana Court System – Residential Eviction Proceedings
3. Notice of Claim for Possession of Real Estate (Form SC-50)
4. Indiana Civil Rights Commission

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