🏛️ Courthouse Information and Locations for Indiana
Indiana Eviction Laws: Notice Requirements, Process, and Timelines
Indiana handles evictions through Small Claims Court (for simpler cases) or Circuit/Superior Court, making it one of the more landlord-friendly states in the Midwest. For nonpayment of rent, landlords must provide a 10-day notice to pay or quit. Lease violations require a reasonable notice period, often specified in the lease itself. Indiana’s straightforward process and lack of extensive tenant protections allow for relatively quick resolution of eviction cases. Below you’ll find the key details every Indiana landlord needs to know.
Indiana Eviction Laws
Comprehensive guide to Indiana's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Small Claims Court (under $6000) or Circuit/Superior Court.
⚡ Quick Overview
💰 Nonpayment of Rent
10-day notice must use specific statutory language per IC § 32-31-1-6: 'You are notified to vacate the following property not more than ten (10) days after you receive this notice unless you pay the rent due...' No state-mandated grace period - rent is late the day after due date. Accepting partial payment during eviction can jeopardize case unless written partial payment agreement exists. Emergency/expedited eviction available within 3 days for waste/severe property damage (IC § 32-31-6-5). 45-day unconditional quit for illegal activity. No cure required for waste or holdover tenants (IC § 32-31-1-8). Senate Enrolled Act 142 (2025): allows sealing/nondisclosure of dismissed/favorable eviction records.
📋 Lease Violation
Law says 'reasonable time' to cure - not defined; courts interpret as 14-30 days for most violations. Shorter for serious issues. 45-day unconditional quit for criminal activity (must document date/time/nature). NO notice required for waste (severe damage) or holdover tenants - can file immediately (IC § 32-31-1-8). Emergency possessory actions available for 3-day expedited process if tenant engages in harmful/damaging behavior. Domestic violence victims with protective orders cannot be evicted for DV incidents (IC § 32-31-9). Senate Enrolled Act 142 (2025): eviction record sealing for dismissed cases.
📬 Service of Process
Person delivering notice must explain contents to recipient. Court summons served separately after filing.
🏛️ Court & Legal Information
Tenant paying within 10 days; court scheduling; continuances
⚖️ Appeals & Post-Judgment
Sheriff serves eviction order; tenant has 24 hours to vacate; sheriff returns to enforce
📦 Tenant Property & Abandonment
Landlord must give written notice; 45-day holding period (amended); after that warehouseman/storage may sell. IC § 9-22-1 applies for mobile homes with lienholder notice requirements.
🏦 Security Deposits
45-day return with itemized deductions (IC § 32-31-3-12). Receipts required for deductions over $126. Failure to return within 45 days = tenant can recover all deposit plus reasonable attorney fees. Tenant must provide forwarding address in writing. No interest requirement. No specific holding account requirement.
💵 Late Fees
Reasonable late fees allowed (e.g. $50 or 5% of rent). Excessive fees can be challenged. Cannot evict solely for nonpayment of late fees if rent is paid. No state-mandated grace period.
🛡️ Tenant Protections
No rent control. No state preemption statute but none enacted locally.
🏙️ Local Overrides & City-Specific Rules
Marion County Small Claims Court handles most Indianapolis evictions. Indianapolis has some additional tenant protections and housing code enforcement.
Underground Landlord📝 Indiana Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Small Claims Court (under $6000) or Circuit/Superior Court. Pay the filing fee (~$$35-160).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Indiana
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Indiana Evictions: Complete Landlord Guide (Updated January 2026)
Disclaimer: General educational information only, not legal advice. Indiana eviction rules can vary by county court practice. Consult a qualified Indiana attorney for legal advice on your specific situation.
Overview: How Evictions Work in Indiana
Indiana evictions are filed as unlawful detainer actions in small claims court, township court, or circuit/superior court depending on the amount in dispute and county procedures. Indiana is generally considered a landlord-friendly state with relatively quick court timelines and straightforward procedures, though Indianapolis and urban counties may experience some backlogs.
Indiana law strictly prohibits self-help evictions. Landlords cannot change locks, shut off utilities, remove doors or windows, or remove tenant belongings without a court order. Only a sheriff or law enforcement officer can physically remove a tenant after the court issues a writ of possession.
2025 Indiana Legislative Updates
Indiana made several important changes to landlord-tenant law in 2025:
- Senate Enrolled Act No. 142 (Eviction Record Sealing): Enacted in May 2025, this law allows tenants to file a motion requesting that certain eviction records be sealed or redacted. This typically applies to eviction cases that were dismissed or ruled in favor of the tenant.
- HEA 1079 (Abandoned Property): Shortens the timeframe landlords must hold a tenant’s abandoned property. If a tenant does not claim their property within 45 days after receiving proper notice, it may be sold.
- Adverse Possession Changes: Eliminates new adverse possession claims filed after June 30, 2025, strengthening landlord rights against unauthorized occupation.
Indiana Eviction Notice Requirements
Indiana does not have a state-mandated grace period for rent—rent is legally late the day after it’s due unless your lease provides otherwise. The type and length of notice depends on the reason for eviction:
- Nonpayment of rent (10-day notice to pay or quit): When rent is unpaid, the landlord serves a written notice giving the tenant 10 days to pay the full amount owed or vacate. If the tenant pays in full within the 10 days, the eviction must stop. The notice must clearly state the exact amount owed and the rental period covered.
- Lease violations (notice to cure or quit): For violations such as unauthorized pets, excess occupants, property damage, or noise complaints, the landlord serves a notice giving the tenant a “reasonable” amount of time to fix the issue. Indiana law does not specify an exact timeframe—courts generally expect 10-30 days depending on the violation’s severity.
- Illegal activity (45-day unconditional notice to quit): For criminal or illegal activity on the premises, landlords must serve a 45-day notice to vacate. This is an unconditional notice—the tenant has no opportunity to cure and must simply leave.
- Severe violations/waste (unconditional quit notice): For significant property damage (“waste”), creating a public nuisance, or other serious violations that cannot be cured, landlords may serve an unconditional quit notice. Emergency possessory orders may be available for extreme situations.
- Month-to-month termination (30-day notice): To end a month-to-month tenancy without cause, the landlord must provide 30 days’ written notice before the next rent due date.
- Holdover tenants: If a tenant remains after the lease expires without renewing, they become a “holdover tenant.” The landlord can issue a 30-day or 90-day notice to quit depending on the circumstances.
How to Serve Notice in Indiana
Notices must be delivered in a manner that can be proven. Valid methods include:
- Personal delivery directly to the tenant
- Certified mail with return receipt
- Posting at the rental unit (in some circumstances)
Always keep a copy of the notice and proof of how and when it was served.
Indiana Eviction Process Timeline (Step by Step)
Step 1 – Serve the proper notice. Deliver the correct written notice based on the reason for eviction. Keep proof of service.
Step 2 – File the eviction complaint. If the tenant does not comply within the notice period, file an unlawful detainer complaint with the appropriate court in the county where the property is located. Filing fees vary by county and court type. Include copies of the lease, the notice served, and proof of service.
Step 3 – Serve the summons and complaint. The court documents must be served on the tenant. Service methods include personal delivery, certified mail, or posting and mailing. Neither the landlord nor their attorney can serve the documents—it must be done by a court official or process server.
Step 4 – Tenant response and hearing. The tenant typically has 3-20 days to prepare for the hearing, depending on the court and type of eviction. The tenant may file an answer or simply appear at the hearing. If the tenant fails to appear, the landlord can seek a default judgment.
Step 5 – Court hearing. Both parties appear before the judge. The landlord presents evidence (lease, ledger, notices, proof of service, photos). The tenant may present defenses. If the landlord proves their case, the court enters a judgment for possession.
Step 6 – Writ of possession. If the tenant does not vacate after judgment, the landlord requests a writ of possession (also called writ of execution). The tenant typically has 48 hours to 5 days to move out after the writ is served.
Step 7 – Sheriff enforcement. If the tenant still refuses to leave, the sheriff physically removes them from the property. Only law enforcement can perform this step—never the landlord.
Tenant Defenses and Common Landlord Mistakes
Tenants may raise various defenses to fight an eviction:
- Improper notice: Wrong notice type, insufficient time, or defective service.
- Payment disputes: Tenant claims rent was paid or amount owed is incorrect.
- Habitability issues: Landlord failed to maintain the property in safe, livable condition.
- Retaliation: Eviction is in response to tenant reporting code violations or exercising legal rights. Indiana law prohibits retaliatory evictions.
- Discrimination: Eviction based on protected class status.
- Partial payment accepted: Accepting partial rent payment can jeopardize your case unless you have a written partial payment agreement.
Indiana Eviction Context (Late 2025–January 2026)
Indiana generally processes evictions faster than many neighboring states, with straightforward procedures and landlord-friendly courts. However, Indianapolis and other urban counties may experience backlogs that extend timelines.
The state has one of the higher eviction filing rates in the country—Indianapolis alone sees approximately 16 filings per 100 rental households. Rising housing costs and the end of pandemic-era assistance programs continue to drive eviction activity. Some rental assistance remains available through Indiana Housing Now (indianahousingnow.org) and township trustees for qualifying households.
Best Practices for Indiana Landlords
- Use the correct notice for the specific violation—10-day for nonpayment, reasonable time for lease violations, 45-day for illegal activity, 30-day for month-to-month termination.
- Include exact amounts owed and rental periods covered in nonpayment notices.
- Document service of all notices and keep copies.
- Maintain detailed rent ledgers showing all payments, credits, and amounts owed.
- Take dated photos during move-in, inspections, and move-out to document property condition.
- Keep written records of all lease violations and warnings.
- Do NOT accept partial payments during the eviction process without a written agreement.
- Never attempt self-help eviction—always go through the court process.
- Screen tenants thoroughly before signing a lease using eviction history checks.
Quick Reference: Indiana Eviction Rules
- Nonpayment of rent: 10-day notice to pay or quit
- Lease violations: Reasonable notice to cure or quit (typically 10-30 days)
- Illegal activity: 45-day unconditional notice to quit
- Month-to-month termination: 30-day notice
- Grace period: None (unless specified in lease)
- Tenant response time: 3-20 days after service
- Time to vacate after writ: 48 hours to 5 days
- Abandoned property holding period: 45 days (as of 2025)
- Removal: Sheriff/law enforcement only