When you are done reading about the Indiana Eviction Process below, we recommend you purchase the corresponding Indiana Eviction Notice to be delivered to your Tenant.
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Indiana Eviction Laws
The laws governing landlord tenant relationships and eviction in the state of Indiana are in Article 31 of Title 32 in the Indiana Code. These are the laws that explain the eviction process in Indiana. If you are a landlord in Indiana, it is a good idea to become familiar with these laws.
Indiana Eviction Notice
The first step in the Indiana Eviction Process is serving (delivering) the tenant an Eviction Notice called an Indiana Notice to Quit. In order to evict a tenant for non-payment of rent (most common violation), the landlord needs to deliver a 10 Day Notice to Quit to the tenant. This must be delivered properly in order to be effective.
Serving the Indiana Notice to Quit
The landlord should prepare the 10 Day Notice to Quit and then make copies of it. The landlord should attempt to hand deliver the notice to the tenant. If the landlord cannot locate the tenant, the landlord may deliver the notice to a person living at the property, and explain what the notice means to that person. If no person is at the property, the landlord may affix the notice to a "conspicuous part" of the property (somewhere where the tenant will definitely see it).
Filing the Eviction Case
What if the tenant has received the Notice to Quit, the 10 days has expired, and the tenant has not left? Now the landlord must use the court system to evict the tenant. The landlord should go to the small claims court for the jurisdiction where the property is located. The clerk's office in the small claims court will tell the landlord if they are in the right place. The clerk will usually give the landlord the forms to fill out to file a Complaint for Eviction. There will be a filing fee. The clerk will then set a court date, which will be delivered to the tenant on what is called a Summons. The sheriff will usually deliver this Summons. The court date will be more than five days from the time the Summons is delivered to the tenant.
Going to Court - 2 Hearings
First Hearing. The first hearing is only to determine who is entitled to possession of the property. It does not address how much money the tenant owes the landlord. In order for the landlord to win, the landlord must be present at the first hearing. If the tenant does not show up, the landlord will win automatically. If both parties show up, then the judge will give the landlord and the tenant the opportunity to speak, present evidence, and say why they should win. The landlord should bring all evidence necessary to win, including the Notice to Quit (a copy of it), the lease (if there is one), photographs, documents, witnesses, etc. After hearing both sides, the judge will determine who is entitled to possession of the property. If the judge rules for the landlord, the judge will give the tenant a certain number of days to leave. The judge may also set a date for the second hearing (hearing on damages).
Second Hearing. The second hearing is set when the landlord claims the tenant owes them money (back rent, damage to property, etc.). It is usually set for after the tenant has moved out. The landlord should show up and present evidence to the judge that the money is owed (rent receipts up to a certain date, photos of damage, etc.). The judge will then rule on whether or not the tenant owes money to the landlord.
Sheriff Notice to Vacate
What if the judge orders the tenant to leave by a certain date, but the tenant is still there? The landlord must go back to the court clerk and tell them. The court clerk will then direct the Sheriff to serve a Notice to Vacate on the tenant usually giving them 24 hours to Vacate. If the tenant is still there after the 24 hours, the sheriff will physically remove the tenant, and the landlord will have to remove the tenant's belongings.
Next Step: We recommend you purchase the corresponding Indiana Eviction Notice to be delivered to your Tenant.
This site strives to have the most current information on state eviction laws and forms, however, legislatures and judges' rulings are always changing the laws. The information on this site is to be used as a guide, and is not to be used as legal advice, or as a substitute for the advice of an attorney. If you believe any information on this site is incorrect or needs to be updated, please Contact Us immediately.