Step-by-step eviction timeline, notice requirements, and court process for Indiana landlords. Updated April 2026.
| Ground | Notice Required | Curable? | Statute |
|---|---|---|---|
| Nonpayment of Rent | 10 days | Yes | Ind. Code § 32-31-1-6 |
| Lease Violation | Reasonable notice | Yes | Ind. Code § 32-31-7-5 |
| Holdover Tenant (Month-to-Month) | 30 days | No | Ind. Code § 32-31-1-1 |
| Criminal Activity / Immediate Harm | Immediate | No | Ind. Code § 32-31-7-5 |
| Holdover Tenant (Fixed-Term) | None (lease expired) | No | Ind. Code § 32-31-1-1 |
Deliver a 10-day written notice for nonpayment of rent demanding payment of the specific amount due. For lease violations, provide reasonable written notice of the breach and an opportunity to cure. The notice should be served personally, by posting, or by certified mail.
After the notice period expires without compliance, file a complaint for possession in small claims court (for amounts under $10,000) or circuit/superior court. Include the complaint, proof of notice, lease agreement, and evidence of nonpayment or breach. Pay the applicable filing fee.
The court schedules a hearing, typically within 7 to 21 days of filing depending on the court's docket. Both parties present evidence. The landlord must prove proper notice was given and grounds for eviction exist. The tenant may raise defenses including improper notice, retaliation, or habitability issues.
If the court rules in the landlord's favor, it enters a judgment for possession and may award unpaid rent and damages. The court issues a writ of possession, and the tenant is given a period to vacate (typically 48 hours to 7 days). The tenant may appeal, which can delay enforcement.
If the tenant does not vacate, the sheriff executes the writ of possession by removing the tenant from the premises. The landlord may then change the locks and secure the property. The sheriff coordinates the timing with the landlord. Self-help eviction is prohibited at all stages.
| Filing Fee | $75-$200 |
|---|---|
| Service Fee | $25-$75 |
| Attorney | $500-$1,500 |
Indiana property managers routinely handle eviction proceedings from notice through enforcement. Many Indiana courts allow property managers to represent the property owner in small claims eviction cases, though circuit court cases typically require an attorney. Property managers should ensure the 10-day notice complies with statutory requirements, document all communications and lease violations, and coordinate with the sheriff for writ enforcement. Eviction coordination fees typically range from $150 to $500 in addition to court costs.
No. Self-help evictions are illegal in Indiana. Landlords cannot change locks, remove doors, shut off utilities, or physically remove a tenant's belongings. All evictions must go through the court system with proper notice and a court hearing.
A typical eviction takes 3 to 6 weeks from the initial 10-day notice through hearing and writ enforcement. Uncontested cases in small claims court can be completed in about 3 weeks. Contested cases or appeals can take 6-8 weeks or more.
Yes, during the 10-day notice period. The tenant can cure the default by paying all rent due within 10 days. After the notice period expires and the landlord files for eviction, paying rent does not automatically stop the process, though the court may consider it.
Small claims court handles eviction cases where the amount in controversy (unpaid rent plus damages) is under $10,000. For larger amounts, the case must be filed in circuit or superior court. Most residential evictions fall within small claims jurisdiction.
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