Serving eviction notices in the State of Indiana may vary by county, but it usually takes the same format.
It’s important for both parties to the rental agreement to understand the legal framework governing the eviction process in Indiana.
For landlords, understanding this part of the law helps to properly evict a tenant without incurring any legal punishment or hindrance. It also educates them on the obligations and responsibilities they have towards their tenant(s).
Additionally, it helps tenants to avoid unwarranted or wrongful tenancy termination. It further strengthens and protects the tenant’s rights.
In this article, we’ll cover the different types of Indiana eviction notices and their associated legal processes.
Eviction Laws in the State of Indiana
The primary legislation that governs Indiana evictions is the Indiana Code [2022]. This Act defines ‘eviction action’ as an action to evict the tenant from the rental premises.
Particularly, Article 31 of this Code discusses the landlord-tenant relationship, service of notice, determination of estates, and lots more.
On the other hand, Article 32 of this Code and Indiana Rules of Trial Procedure covers the grounds for eviction, the preliminary procedure for eviction lawsuits, as well as other associated processes.
These provisions have over time been amended to broaden its spectrum, protect tenant’s rights, and align with the economic circumstances of the state. Indiana eviction laws are established to create a fair and balanced approach for both parties.
Types of Rental Agreements in Indiana
There are different types of rental agreements in Indiana. These are;
- Standard Residential Lease Agreement: This is a contractual agreement that outlines the terms for renting a residential property for a fixed term. It is a contract between the landlord and tenant for a stable term, usually a one-year contract.
- Month-to-Month Lease Agreement: This is a type of rental contractual agreement where the tenant pays rent on a monthly basis to the landlord. Here, the tenancy agreement renews automatically every month, and can only be terminated by notice from either party.
- Sublease Agreement: This is a lease agreement that allows an original tenant (sublessor) to sublet the rental unit to another tenant (sublessee). This is typically done with the consent of the landlord.
- Roommate Agreement: This is typically a written contract between two or more persons living in the same space. It outlines the terms or living arrangements between the parties such as house rules, chores, rent payment, the limited number of guests, etc.
- Commercial Lease Agreement: This is a contractual rental agreement used for renting a commercial space such as retail stores, offices, factories, shops, etc.
- Rent-to-Own Agreement: This type of rental agreement allows the tenant to rent a property, with the option of purchasing it at a pre-determined price in the future.
Grounds for Eviction
To evict a legal tenant early, the landlord must have a just cause (reason) for such action. These reasons are referred to as the grounds for eviction. There are a limited number of grounds for serving an eviction notice under Indiana laws, and these are;
- Failure to Pay Rent:
Rent is considered late a day past its due date. For example, if the rent is due by September 1st, it is considered late if it’s unpaid by September 2nd.
However, some rental agreements may contain a grace period that the landlord must honor.
According to IC 32-31-1-6, if the tenant refuses or neglects to pay the due rent, the landlord can terminate the tenancy by serving a 10-day eviction notice under Indiana law.
This notice should inform the tenant of the amount unpaid, and that the tenancy agreement will terminate if that amount is not paid within 10 days of the receipt of such notice.
If the tenant pays the rent before the notice period elapses or both parties agree to a payment plan, the tenancy will not end.
But where the tenant refuses to pay the due rent or leave the rental unit, the landlord can proceed to file an eviction lawsuit in the appropriate court.
Pursuant to IC 32-31-1-8 (5), if there’s an express term of the contract between both parties that the rent should be paid in advance, and the tenant fails to do so, the landlord needs not to serve an eviction notice. In other words, the landlord can file a lawsuit, without serving any notice.
- Violation of Lease Terms:
Lease agreements vary from party to party, however, they must be upheld by each party throughout the tenancy duration.
Examples of some lease violations are; damaging the rental unit, smoking in a non-smoking property, keeping pets where it is not allowed, etc.
If a tenant violates a term in the lease agreement other than failure to pay rent, the landlord can issue an eviction notice under Indiana law.
The notice must state the breach committed by the tenant, what is required to remedy it, and the date the tenancy agreement would expire if the breach is not fixed.
Indiana eviction laws did not specify the amount of notice required for a tenant who violates a lease term. However, the law provided that a reasonable amount of time should be given to the tenant to remedy the breach.
According to IC 32-31-1-8 (3), if a tenant at will commit a waste, the landlord needs not to serve an eviction notice. The landlord can proceed to file a lawsuit to drive such a tenant out.
- Illegal or Criminal Activity:
If a tenant commits an illegal or criminal act on the rental unit, the landlord can terminate the tenancy agreement.
These acts may include all kinds of public nuisance such as establishing a criminal organization, the illegal manufacture or distribution of a controlled substance, violence, etc.
Depending on the type of illegal activity, the landlord is expected to deliver at least a 45-day eviction notice to the tenant.
The notice must specify the date and time where the nuisance was first discovered plus the location where the nuisance occurred.
Additionally, the notice must be hand-delivered or sent by certified mail.
It’s important that the landlord keeps a close eye on the tenant to ensure that illegal acts are perpetuated on their property.
- Health or Safety Violations:
A landlord can serve an Indiana eviction notice where a tenant is in non-compliance with the health and safety codes.
In other words, the tenant act is affecting the health and safety of other tenants, neighbors, landlords, and the environment as a whole.
According to IC 32-31-7-5, tenants are expected to;
- Comply with the health and housing codes imposed on him/her.
- Reasonable use of the systems in the rental; such as the electrical system, plumbing, HVAC, sanitary system, elevators, and other appliances and facilities provided.
- Refrain from damaging any part of the rental unit
- Maintain the functionality of the smoke detectors in the rental
If a tenant fails to comply with the following obligations, thereby materially affecting the health and safety of others, the landlord can serve an eviction notice under Indiana law.
If the tenant fails to remedy the default after notice has been given or leave the rental premises, the landlord can commence an eviction lawsuit.
However, reasonable time should be given to the tenant to remedy the violation.
- End of Lease or No Lease:
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”).
According to IC 32-31-1-8 (6), where no landlord-tenant relationship exists, the landlord needs not to serve an eviction notice.
However, Indiana eviction notice for tenants without a lease or holdover tenancy is that the landlord can evict such tenant by serving a 30-day eviction notice under Indiana laws – IC 32-31-1-1.
If the tenant fails to leave the rental unit after 30 days, the landlord can immediately proceed to file an eviction lawsuit to drive out such a tenant.
Types of Eviction Notices in Indiana
In Indiana, eviction notices are legal documents issued by a landlord to a tenant. The notice informs the tenant that the tenancy agreement would terminate due to a specific act, and whether such act is redeemable.
Furthermore, there are different types of eviction notices in Indiana. These notices are further categorized into two parts; with cause and without cause.
Under Indiana eviction laws, landlords can only terminate a tenancy agreement when such a tenant has failed to pay rent, committed a lease violation, and for other reasons (as explained above).
However, there are other occasions where the landlord may serve an eviction notice without cause.
This section aims to provide a detailed explanation of the different types of eviction notices in Indiana.
- Eviction Notices with Cause:
When a tenant has failed to pay rent, the landlord can serve a 10-day Eviction Notice to Pay or Quit. But under Indiana law, where the tenant has violated a lease agreement, the landlord is expected the give the tenant a reasonable period to fix the violation or quit. If the tenant fails to pay the rent, cure the violation, or, quit (as applicable), then the landlord can proceed to file an eviction lawsuit.
The landlord can also serve an Unconditional Quit Notice when the tenant commits a public nuisance or engages in an illegal/criminal activity. In this case, there’s no opportunity to remedy the default. The tenant is only given the chance to vacate the rental premises.
Note: More information has been discussed above.
- Eviction Notices without Cause:
Determination of a tenancy without a cause is only possible when the lease term is about to come to an end. In other words, if a landlord wants to evict a tenant but does not have a good cause, he must wait till the end of the lease term. At the end of the term, the landlord can serve an eviction notice to the tenant informing him/her of his intention to terminate the tenancy agreement. This however depends on the type of tenancy agreement.
- Month-to-Month Tenancy Agreement:
According to IC 32-31-1-1, a landlord can terminate a tenancy at will by serving a 30-day eviction notice under Indiana laws. This notice should inform the tenant that the landlord does not wish to renew the tenancy agreement, and that the lease will expire in 30 days. The tenant is to vacate the rental property before the 30-day eviction notice expires. If the tenant remains in the unit after the notice period expires, the landlord can proceed to file an eviction lawsuit against the tenant.
- Fixed-Term Lease Agreement:
If the landlord wishes to end a fixed-term rental, such as a one-year lease, the landlord must serve a notice of ‘not less than three (3) months before the expiration of the year’. However, if the lease agreement includes the date when the tenancy will end, then the landlord does not need to give the tenant notice to move out.
Eviction Process in Indiana
Issuance of Eviction Notice
The first step to commencing an eviction proceeding is serving an eviction notice according to Indiana laws.
The notice must specify the grounds of eviction (i.e., nonpayment of rent, lease violation, illegal activity, etc). It must also state the date when the tenancy agreement will end.
Once the eviction notice is prepared, it may be delivered to the tenant through any of the following means:
- Delivery in-person to the tenant;
- Delivery to another person residing in the tenant’s premises (the server must explain the content of the notice to such person);
- If there’s no one on the premises, a copy of the notice can be delivered by affixing it to a conspicuous part of the tenant’s premises.
Landlords must keep copies of the documents as proof of service. It would help in proving that the landlord had followed the legal procedure for evictions.
Filing an Eviction Lawsuit
After serving the notice, if the tenant refuses to leave the rental unit or fix the violation (whichever is applicable), the landlord can proceed to file an eviction lawsuit.
To do this, the landlord must proceed to file a complaint in any justice court where the rental property is situated.
The complaint should include the grounds of eviction, parties’ information, address of the rental property, and notice service date.
The landlord will be required to pay a filing fee, which may vary from county to county. For example, the filing fee for Indiana Small Claims court is $97.
Once the fling is done and proper arrangements have been made, the court may review the lawsuit and decide to issue an immediate eviction.
However, this typically happens where there’s an imminent danger or harm. In this case, the court will expedient the hearing to be held within 48 hours or issue a restraining order to preserve the party’s rights and property –IC 32-30-3-4.
Serving the Summons and Complaint
After the complaint has been filed, the court will issue a summons which must be served on the tenant by an authorized personnel. This is most times done by the court sheriff.
According to Indiana Rules of Trial Procedure, Rule 4, the summon shall include the necessary information; such as the name of parties; the court’s name, street number, and telephone number; title of the case; attorney’s information; and timeline for the tenant to respond to the summon.
The summon shall also include the date for the court hearing. The date is usually set as follows;
- 5 days after serving the documents – Small claims court
- 20 days after filing – Drug-related evictions
- 10 days after filing – Prostitution-related evictions
- 3 days after filing – Evictions based on waste (property damages, etc)
Therefore the summons and complaint should be served on the tenant 5 – 20 days (as applicable) before the hearing.
The copy of the Summons and Complaints must be delivered to the tenant by;
- Personal Delivery: The documents can be delivered to the tenant directly
- Posting: The documents can be left in the tenant’s dwelling house or usually abode.
- Agent Service: The document can also be left in the hands of the tenant’s agent if authorized by rule, statute, or agreement.
- Mailing: The document can be delivered by registered or certified mail to the tenant’s residence or place of business, with a return receipt requested.
The summons and complaint must be delivered according to the regulation of the law. Otherwise, it could lead to case dismissal, delays, or other legal consequences.
In Indiana, the tenant has the right to receive and respond to the notice and summons. However, the tenant’s reply is not essential for setting up a hearing.
It is however important that such a tenant shows up for the hearing, or a default judgment may be entered against him/her.
Court Hearing and Judgment
In an eviction lawsuit, the burden of proof lies on the plaintiff (landlord). Therefore it is the landlord’s responsibility to prove the claims he asserts.
The landlord must employ the use of a strong argument backed by indisputable evidence. The landlord can use the following documents to prove his claim; bank statement, deed/lease agreement, rent receipts, pictorial representation e.g., photos, videos, etc., witnesses, and lots more.
The defendant (tenant) must also rebut the claim of the landlord. In other to win, the tenant can employ any of the following defenses (written below) to invalidate the assertions of the plaintiff.
The court will hear the arguments of both sides and make a ruling based on the strongest and most reliable evidence.
If the tenant wins the lawsuit, the court will allow such tenant to remain in the rental unit until their tenancy elapses.
However, where the landlord wins, the court will give an order to enable the landlord to remove the tenant from the rental building, through a law enforcement agency.
In other notes, either party can appeal the suit for reconsideration.
Tenant Defenses
There are various defenses that the tenant can rely upon when rebutting the landlord’s claim. Some of these defenses are;
- Self-Help Eviction: In Indiana, it is illegal for a landlord to resort to any sort of acts aimed at frustrating the tenant out of the rental unit. This refers to acts such as turning off utilities, changing locks, blocking entrances, etc. Where a landlord engages in any of these acts, the tenant can use it as a defense to dismiss the eviction suit.
- Improper Notice: If a landlord had served the wrong eviction notice or had not waited long enough before filing the eviction lawsuit, the tenant may also use it as a defense. In this case, the landlord may have to restart the whole eviction process.
- Retaliatory Eviction: Under Indiana eviction laws, it is illegal for a landlord to serve an eviction notice in Indiana because the tenant has exercised his/her legal right. Examples of such legal rights are; reporting a building or housing code violation, requesting repairs, joining a tenant’s organization, etc. Where a tenant engages in any of these acts, the landlord can not act in retaliation by evicting such tenant.
- Landlord’s Failure To Maintain Premises: Under the law, landlords must maintain the rental unit. They are expected to leave the rental unit in a safe and habitable state. Where the landlord fails to do this, the tenant may use it as a defense for non or partial payment of rent. Particularly where the tenant had expended money to repair such damage that the landlord is expected to repair.
- Full Payment Of Rent: If the tenant had made full payment of the due rent before the eviction notice period elapses, the landlord can not file a lawsuit on the grounds of non-payment of rent. Where a landlord is guilty of this, the tenant may use this as a defense.
- Discrimination: It is illegal for a landlord to serve an Indiana eviction notice due to the tenant’s race, sex, religion, ethnicity, family status, and nationality. Where this is proved, it can impede the eviction process and the landlord may be liable for other discriminatory charges against the tenant.
- Waiver/Agreement Disputes: If there’s an agreed payment plan between the landlord and tenant, and the landlord later goes ahead to file an eviction suit for non-payment of rent, the tenant may invalidate such claim. This is particularly true when the landlord has agreed to a partial payment plan and decides to bring an action for the remaining part of the payment, which is against the prior agreed plan. This also applies where the landlord waives a lease violation. However, it is more convenient if the tenant has a written agreement for proof.
Issuing a Writ of Possession
If the court judgment is in favor of the landlord, a Writ of Possession will be issued within a few hours to days after the judgment has been given.
The Writ will be directed to the Sheriff or other authorized officer in charge of executing the writ.
Once the writ is served, the tenant has between 48 – 72 hours to vacate the rental unit or be forcibly led out by the sheriff.
For evictions related to nuisance or illegal activity, the tenant gets 72 hours. For other evictions, the tenant must move out within 48 hours.
After issuing the writ to the officer in charge, the writ must be served on the tenant. This would serve as a final notice to the tenant to move out of the rental unit.
The writ can be delivered personally to the tenant, by leaving it with an adult residing in the tenant’s residence, or by mail.
Executing the Eviction
If the tenant fails to move after the timeline given in the writ has elapsed, the sheriff would return to forcibly lead the tenant out of the property. This is done to return possession back to the landlord.
In Indiana, landlords are not allowed to forcibly drive a tenant out of the rental even if they win the lawsuit. They can only act through a law enforcement agency.
If the tenant leaves any of his/her personal property behind, the landlord is required to store such property in a warehouse or storage unit for at least 90 days. During which, notice must be given to the tenant of the location of his personal property.
If the personal property is not retrieved within 90 days, the warehouse or storage facility may sell it.
Eviction Notice by States
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FAQs
The eviction process in Indiana can take anywhere from 14 days to 120 days, depending on the particular circumstances of the case. Read this guide for detailed information on how to file an eviction notice in Indiana.
The first step to commence an eviction procedure is by serving an eviction notice under Indiana law. After serving the notice, the landlord can proceed to file a lawsuit, serve the tenant summons, attend the hearing, and await judgment. The final judgment will determine the end of the suit.
Read this guide for detailed information on how to file an eviction notice in Indiana.
The average cost for evicting a legal tenant in Indiana, plus the cost of filing, service fee, and legal fee is $328. However, due to the circumstances of the case, a person may spend more than the given amount.
It is not necessary to have an attorney when evicting a tenant in Indiana. However, having a legal representative would facilitate the eviction process and ensure that you’re getting the best out of the case.
An illegal eviction in Indiana refers to the wrongful and illegal methods of evicting a legal tenant. Examples are retaliatory evictions, self-help methods, etc.
Read this guide for detailed information on how to file an eviction notice in Indiana.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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