Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 10 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | Reasonable | Yes |
| Criminal or Illegal Activity | 45 Days | No |
In Indiana, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 10 days’ notice to quit, which gives the tenant the option to pay the balance due or move out. [1]
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Indiana the day immediately after its due date. Indiana landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If rent is due on February 1st, it will be considered late starting on February 2nd, unless the lease specifically states there is a grace period.
In Indiana, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”) . To do so, the landlord must first terminate the tenancy by giving the tenant proper 30-days’ notice to move out. [2]
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In Indiana, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Indiana landlord-tenant law. To do so, the landlord must give the tenant a notice to comply or vacate, which gives the tenant a reasonable amount of time to fix the issue or move out. [5]
Examples of lease violations include:
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In Indiana, a landlord can evict a tenant for committing criminal or illegal activity on the premises. To do so, the landlord must first serve the tenant a 45 days’ notice to vacate. The tenant does not have the option to fix the issue and must move out within the 45-day period. [6]
In Indiana, criminal or illegal activity include:
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In Indiana, there are a few different types of evictions that are illegal . If found liable, the landlord could be required to pay actual and consequential damages, attorneys’ fees, court costs, injunctive relief, or any other remedy that the court sees fit. [8]
A landlord is not allowed to attempt to forcibly remove a tenant by:
A tenant can only be legally removed with a court order obtained through the formal eviction process.
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include: [9]
In Indiana, most evictions follow the same process:
Indiana landlords may deliver a written eviction notice using any of these methods: [21]
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
In Indiana, if a tenant is late on paying rent (full or partial), the landlord can serve them a 10-Day Notice To Quit. This eviction notice gives the tenant 10 days to pay the balance due or move out.
Many Indiana properties are federally entitled to a minimum 30 days of advance notice before a landlord can file an eviction for nonpayment of rent or other fees. This minimum applies to any residential property covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, even after the act’s other protections have expired. [22]
For a tenant with no lease or a month-to-month lease in Indiana, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.
However, for tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 10 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No Statute |
| Year-to-Year | 90 Days |
In Indiana, if a tenant violates the lease or does not uphold their legal responsibilities, the landlord can serve them a Notice To Comply or Vacate. This eviction notice allows the tenant a reasonable amount of time to correct the issue or move out.
In Indiana, if a tenant commits criminal or illegal activity on the premises, the landlord can serve them a 45-Day Notice To Vacate. This eviction notice gives the tenant 45 days to move out without the chance to fix the issue.
In the next step in the eviction process, Indiana landlords must file a complaint in the appropriate municipal, small claims, superior, or circuit court. Filing fees vary by court type. Indiana eviction filing fees range from $86 to $158.
After the eviction lawsuit is filed, it can take a few days for the court to issue the summons
The summons and complaint may be served on the tenant by a sheriff, but this isn’t a requirement for proper service. [10]
For evictions held in Small Claims Court, the summons and complaint must be served at least 10 days prior to the eviction hearing.
For drug-related evictions, tenants must be served with a copy of the summons and complaint within20 daysof the date the complaint was filed. [11]
For evictions related to prostitution, the summons and complaint must be served at least 5 days before the hearing. [12]
The summons and complaint may be served through any one of the following methods: [13] [14]
The reason for the eviction determines how quickly the eviction hearing will be held:
Indiana state law doesn’t specify how quickly eviction hearings must be held for other eviction types, and when the hearing is held the depends on the trial court’s hearing schedule.
In most cases, if the tenant fails to appear at the hearing, the judicial officer will issue a default judgment in favor of the landlord, meaning the tenant will have to move out.
If the judge rules in favor of the landlord at the eviction hearing, a writ will be issued for possession and the eviction process will proceed.
The writ of execution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff returns to the property to forcibly remove the tenant. The filing fee for a writ of execution is $13.
For drug or nuisance related evictions, the sheriff may return to the property no later than 5 days after the writ of execution is issued.
For all other evictions cases in Indiana, state law doesn’t indicate how quickly the writ of execution must be issued once the judicial officer has ruled in favor of the landlord, but in some cases, the writ may be handed to the tenant in court.
How long a tenant has to move out of the rental property depends on the reason for the eviction.
For drug-related evictions or if a tenant has created a nuisance on the property, tenants will only have 72 hours from the date the order is issued in favor of the landlord. [19]
For ejectment actions (and most small claims eviction cases), tenants will only have 48 hours after receiving the order for possession to move out of the rental unit before law enforcement officials return to forcibly remove the tenant. [20]
In Indiana, an eviction can be completed in 3 weeks to 4 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Indiana eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 10-90 Calendar Days |
| Court Issuing Summons | 5-20 Business Days |
| Court Serving Summons | 3-20 Business Days |
| Tenant Response Period | Not Specified |
| Court Ruling | 3-20 Business Days |
| Court Serving Writ of Possession | A Few Hours to a Few Days |
| Final Notice Period | 48-72 Hours |
The average cost of an eviction in Indiana for all filing, court, and service fees is $328. However, the cost can vary heavily on the service and eviction execution fees. Eviction lawsuits are filed in Small Claims Court in either Circuit Court or Superior Court.
| Fee | Small Claims Circuit/Superior |
| Initial Court Filing | $87+ |
| Summons Service | ~$28 |
| Writ of Eviction Service | $28 |
| Writ of Eviction Execution | ~$185+ |
| Notice of Appeal (Optional) | $250 |
If a tenant refuses or neglects to pay rent when due, a landlord may terminate the lease with not less than ten (10) days’ notice to the tenant unless: (1) the parties otherwise agreed; or (2) the tenant pays the rent in full before the notice period expires.
(a) A tenancy at will may be determined by a one (1) month notice in writing, delivered to the tenant.
A tenancy from year to year may be determined by a notice given to the tenant not less than three (3) months before the expiration of the year.
Notice is not required to terminate a lease in the following situations:…(3) A tenant at will commits waste. (4) The tenant is a tenant at sufferance… (6) The landlord-tenant relationship does not exist.
(b) Except as provided in subsection (c), a landlord may not bring an action under this chapter unless the following conditions are met: (1) The landlord gives the tenant notice of the tenant’s noncompliance with a provision of this chapter. (2) The tenant has been given a reasonable amount of time to remedy the noncompliance…
(a) A person initiating an action under this chapter to abate a nuisance existing on a property shall, at least forty-five (45) days before filing the action, provide notice to: (1) each tenant of the property; and (2) the owner of record that a nuisance exists on the property.
(b) The owner of a place described in subsection (a) may void the lease or other title under which the tenant or occupant holds…Without process of law, the owner may make immediate entry upon the premises.
(d) If the tenant is the prevailing party in an action under this section, the tenant may obtain any of the following, if appropriate under the circumstances:
(1) Recovery of the following:
(A) Actual damages and consequential damages.
(B) Attorney’s fees and court costs.
(2) Injunctive relief.
(3) Any other remedy appropriate under the circumstances.
(1) Complaining to a governmental entity responsible for enforcing an applicable building or housing code about a violation with respect to the rental premises that materially affects health or safety.
(2) Complaining to a landlord in writing concerning the landlord’s violation of IC 32-31-5-6 or IC 32-31-8-5.
(3) Bringing an action against the landlord under IC 32-31-6 or IC 32-31-8.
(4) Organizing or becoming a member of a tenant’s organization.
(5) Testifying in a court proceeding or an administrative hearing against the landlord.
(D) …If a mailing address is not furnished or cannot be determined or if service by mail or other public means is returned without acceptance, the complaint and summons shall promptly be delivered to the sheriff or his deputy who, unless otherwise directed, shall serve the summons.
(a) If the defendant has not been personally served with process…not more than twenty (20) days after the filing of a complaint and the filing of an affidavit that personal service on the defendant cannot be had after due diligence, may cause a copy of the complaint to be mailed to the defendant by certified mail, restricted delivery, return receipt to the clerk of court requested.
(a) In an action under this chapter: (1) a copy of the complaint…shall be served upon the defendant at least five (5) days before the hearing.
(A)(1)…by registered or certified mail…to his residence, place of business or employment with return receipt requested and returned showing receipt of the letter; or (2) delivering a copy of the summons and complaint to him personally; or (3) leaving a copy of the summons and complaint at his dwelling house or usual place of abode…
(B) Whenever service is made under Clause (3) or (4) of subdivision (A), the person making the service also shall send by first class mail, a copy of the summons and the complaint to the last known address of the person being served, and this fact shall be shown upon the return.
(a) …The order to show cause must direct the time within which the order must be served on the defendant and set forth the date, time, and place for the hearing, which may take place no earlier than five (5) business days after the date of service on the defendant.
(a) Except as otherwise provided under rules adopted by the Indiana supreme court, upon the filing of a complaint initiating an action under this chapter, the court shall schedule a hearing not later than twenty (20) days after the filing date.
If a tenant or a landlord petitions the court to issue an order under this chapter, the court shall immediately do the following: (1) Review the petition. (2) Schedule an emergency hearing for not later than three (3) business days after the petition is filed.
(a) After filing the complaint, a complainant may apply to the court for a preliminary injunction. The court shall grant a hearing on the complainant’s motion for preliminary injunction not later than ten (10) days after it is filed.
Notwithstanding any other provision of law, and in addition to or as a component of a remedy ordered under section 10 of this chapter, the court, after a hearing, may order a tenant that created a nuisance on the property leased by the tenant to vacate the property within seventy-two (72) hours after the issuance of the order.
If the property is in the possession or control of the defendant or the defendant’s agent, the executing officer shall take the property into custody and remove the occupants from the property not earlier than forty-eight (48) hours after the order of possession is served on the defendant or the defendant’s agent.
(a) Notice required under sections 1 through 7 of this chapter may be served on the tenant.
(b) If the tenant cannot be found, notice may be served on a person residing at the premises. The person serving the notice must explain the contents of the notice to the person being served.
(c) If a person described in subsection (b) is not found on the premises, notice may be served by affixing a copy of the notice to a conspicuous part of the premises.
“…the notice provision did not expire with the temporary eviction moratorium… a thirty-day notice to vacate [is] required by 15 U.S.C. § 9058(c) before initiating eviction proceedings…”
Can a landlord evict you immediately in Indiana? Can a landlord evict you immediately in Indiana?Yes, a landlord can evict you immediately in Indiana if you’ve been involved in prostitution, are a tenant at sufferance, or are an at-will tenant who has committed waste on the rental property. “Waste” could include intentionally damaging the property. Read more » Can you evict a tenant without a lease in Indiana? Can you evict a tenant without a lease in Indiana?Yes, you can evict a tenant without a lease in Indiana, but you will be required to give them 30 or 90 days’ written notice depending on whether the tenancy is monthly or yearly. You will also be required to follow the legal eviction process. Read more » Can you kick someone out of your house in Indiana? Can you kick someone out of your house in Indiana?Yes, you can kick someone out of your house in Indiana. If they did not pay rent or have a written or verbal agreement to live in your home, you are not required to provide any notice prior to beginning a legal eviction action. Read more » Can a landlord evict someone for no reason in Indiana? Can a landlord evict someone for no reason in Indiana?Yes, an Indiana landlord can evict someone with no written lease for no reason. In addition, if a written lease expires, the landlord doesn’t need another reason to evict the tenant if the landlord doesn’t want to renew the lease. Read more »
