As a landlord in Indiana, you can evict a tenant for not honoring the terms of the lease agreement. For instance, if they fail to pay rent on time, make multiple lease violations, cause negligent property damage, or fail to leave after their lease or rental agreement expires. 

The Indiana eviction process is relatively straightforward and can take a few weeks to a month to complete. The exact time it’ll take for you to evict the tenant will vary depending on various factors, including the reason for the eviction and the type of court where the hearing occurs.

In this article, we’ll cover all the basics of the eviction process in Indiana so you can stay informed on Indiana’s landlord-tenant laws.

An Overview of the Indiana Eviction Process

In order to begin the legal eviction process in Indiana, you first need to have a legal reason for evicting the tenant, regardless of whether the tenant is on a short-term or long-term lease or rental agreement. Under Indiana law, you can only evict a tenant who has done one of the following. 

• Fails to pay rent on time. 
• Continues to live on the premises after their lease or rental agreement has expired. 
• The tenant violates a term of the lease or rental agreement, such as making unauthorized property changes. 
• Engaging in criminal acts while on the premises. 

The next step in the eviction process says that you must serve the tenant with an eviction notice. It must be appropriate and contain any and all important information, such as the date of effective lease termination. Failing to use the right notice or not including the relevant information can make the eviction unsuccessful. 

Usually, eviction notices are either curable or incurable depending on the reason for the eviction. If curable, the tenant may only need to fix the lease violations within the notice period to avoid eviction. However, if incurable, then the tenant may have to vacate the premises within the notice period. 

After the notice period is over and the tenant is still in the rental property, you may be able to continue with the eviction. This will mean filing an eviction lawsuit in the appropriate court. In Indiana, this can either be in a municipal, circuit, or superior court. 

The court will then set a court hearing date and a judgment will be rendered. If you have followed the Indiana eviction laws and the ruling is made in your favor, the tenant will have to leave. 

Notice for Terminating a Lease Agreement with Legal Cause

The type of eviction notice to serve is determined by the legal reason for the eviction. Below are the various types of eviction notices in Indiana. 

• 10-Day Notice to Quit. You must use this written notice if a tenant fails to pay rent on time and you choose to evict them.
• 30-Day Notice to Vacate. You must use this written notice when you no longer want to continue renting to a tenant who is on a month-to-month lease or rental agreement. 

• X-Notice to Comply or Vacate. You must use this written notice when evicting a tenant who fails to uphold the terms of the lease agreement. Some examples of a lease violation include illegally subletting the unit, causing negligent property damage, or illegally keeping an unauthorized pet. You must give the tenant a reasonable amount of time to fix the lease violations.
• 45-Day Notice to Vacate. Unlike in most states, Indiana’s eviction laws law doesn’t allow landlords to immediately evict a tenant for engaging in illegal activity while on their rented premises. You must give them a notice of 45 days before you can evict them from the rental property. 

Once the notice period is over and the tenant is still on the property, you can choose whether or not to continue with the Indiana eviction process. 

Please note that the way you serve the notice also matters. Under Indiana law, you can serve it in either of three ways. That is, by doing it in person, by leaving it with a person of suitable age, or by posting a copy in a conspicuous area. You may also need to mail another copy to the tenant by either registered or certified mail. 

Tenant Eviction Defenses in Indiana 

Under Indiana eviction laws, it’s crucial that you follow the correct eviction process in order to win your eviction lawsuit. You want to prevent the tenant from either delaying or stopping the eviction process altogether. 

As such, the following are some of the mistakes you’ll want to avoid for a successful eviction process. 

• Serving the tenant notice incorrectly. An eviction notice can be improper if you fail to deliver it properly, fail to give the required notice period, or contain incorrect information. 
• Filing the eviction lawsuit in the wrong court. As already mentioned, a landlord can only file an eviction lawsuit in either a municipal, circuit or a superior court. 
• Failing in your repair or maintenance responsibilities. Indiana tenants can withhold rent if the landlord fails to maintain the unit in habitable condition, so it’s crucial that you carry out all of your responsibilities as a landlord.
• Discriminating against the tenant based on their gender, race, color, religion, familial status, religion, or disability. This goes against Fair Housing laws.
• Retaliating against the tenant for complaining about habitability issues to relevant authorities. 

Attending the Court Hearing 

How quickly the eviction hearing is held is determined by the reason for the eviction. The eviction hearing will usually take place between 5 and 20 days. 

If the judgment is in your favor, the court will issue you a Writ of Execution, which will be the tenant’s final notice to vacate the property. Under Indiana eviction laws, you will need to take a copy of the writ to the sheriff for them to carry out the physical eviction. 

Eviction Laws Indiana: Conclusion

While you have a right to evict a tenant from your Indiana property, it is essential to do it in line with the Indiana eviction laws. From serving the proper notice to attending the court hearing, it’s always best to ask for advice from a legal expert.

Additionally, fostering open communication with tenants and exploring alternative resolutions can often mitigate the need for eviction, promoting a more amicable and efficient resolution for both parties involved.

If you need expert help in evicting a tenant or managing your Indiana rental property, Specialized Property Management Indianapolis can help. Get in touch to learn more about our comprehensive list of property management services!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.