How to Evict a Tenant in Indiana

There’s nothing better than a strong relationship with your tenants. They trust you, you trust them, and you work together to maintain the property over the long term.

Unfortunately, there’s no way of knowing what the future could bring. Should a tenant fail to pay their rent or damage your property (among other concerns), you may soon realize that eviction is the only path forward. 

In this article, we talk about the steps associated with the Indiana eviction process.

Indiana Eviction Steps

Here are the specific steps you must take to evict a tenant in Indiana. 

Issue the Appropriate Written Notice

Before you can start the eviction process in Indiana, you must give the tenant the right type of written notice. The notice must explain why they’re being asked to leave and how much time they have to fix the issue or vacate the property. The type of notice depends on the reason for eviction.

• Nonpayment of rent: Serve a 10-Day Notice to Pay or Quit. The tenant has 10 days to pay what’s owed or leave.
• Lease violation: Give a Notice to Cure or Quit. You must give them a reasonable time to fix the issue.
• Illegal activity: For specific offenses like drug-related crimes, use a 45-Day Notice to Vacate.
• End of lease: Use a 30-Day Notice for month-to-month leases or a 90-Day Notice for yearly leases.

Written notice is the legal first step and must be properly delivered before filing anything in court.

File an Eviction Lawsuit

If the tenant doesn’t comply with your notice, your next step is to file a formal eviction complaint in your local small claims or superior court. You must follow the rules of your specific county court and pay a filing fee.

• File the complaint in the same county as the rental property.
• Provide all supporting documents, including a copy of the lease and the notice you served.
• Pay the court filing fee, usually around $100, depending on location.
• If you’re an LLC or corporation, you may need to use an attorney.

Once the complaint is filed, the court sets a hearing date and begins the legal process.

Serve the Tenant

After you file your eviction case, the tenant must be legally served with notice of the lawsuit. This lets them know about the court hearing and gives them a chance to respond.

• The court or a sheriff typically handles the service process.
• Methods include personal delivery, certified mail, or posting and mailing.
• Service must be completed 3 to 20 days before the court date, depending on the court’s rules.

Serving the tenant correctly is required to move forward with the eviction.

Attend the Court Hearing

Once service is complete, the court will hold a hearing where both sides can present their case. This is your opportunity to show why the tenant should be removed.

• Bring the lease, payment records, notices, and any communication.
• The tenant can present a defense or request more time.
• If the tenant doesn’t show, you can request a default judgment.
• If the judge agrees with your case, they’ll issue a judgment for possession.

Winning in court gives you the legal right to proceed with removal if the tenant doesn’t leave.

Obtain a Writ of Execution

If the court rules in your favor and the tenant still won’t leave, you’ll need a writ of execution. This is a court order that allows law enforcement to physically remove the tenant.

• Request the writ from the court clerk after your judgment.
  
  
• A sheriff or constable will deliver the writ to the tenant.
• Tenants usually get 48 to 72 hours to leave voluntarily.
• Only a sheriff—not the landlord—can legally remove the tenant.

This final order gives you legal authority to regain control of your property.

Handle Tenant’s Abandoned Property

If the tenant leaves behind personal items, Indiana law requires you to follow a specific process before disposing of them. You can’t throw out their belongings without a court order.

• File a motion with the court to handle abandoned property.
• If granted, store the items securely and notify the tenant.
• The tenant has 90 days to claim their items.
• You may sell the items after that time to recover storage costs.

Always follow legal steps to avoid liability over discarded belongings.

Seek Damages If Necessary

If the tenant owes back rent or caused damage, you can return to court to seek financial compensation. This is a separate step from getting possession of your property.

• Request a damages hearing, often 30 to 45 days after possession.
• Bring repair invoices, photos, and unpaid rent records.
• You may be awarded a money judgment if the court agrees.
• This judgment can be used to garnish wages or place liens.

A damages hearing helps you recover losses beyond just reclaiming your unit.

Eviction Alternatives in Indiana

Eviction isn’t the only option if you need to remove a tenant from your rental property. Here are some alternatives to consider. 

Offer Cash for Keys

Sometimes it’s faster and less stressful to pay the tenant to leave voluntarily. This method is known as “cash for keys” and can help avoid court altogether.

• Offer a set amount of money if the tenant agrees to move out by a specific date.
• Put the agreement in writing and include terms like leaving the unit clean and undamaged.
• Meet in person to exchange the keys for the cash once the tenant vacates.
• This option saves time and avoids legal fees even though it costs money upfront.

Cash for keys can be a win-win if you need a quick and peaceful resolution.

Negotiate a Move-Out Agreement

You may be able to talk things out and come to a mutual decision without using the courts. A written move-out agreement can keep the situation professional and legally sound.

• Speak with the tenant about your concerns and timeline.
• Offer flexibility, such as waiving part of the rent if they move early.
• Draft a short agreement with the move-out date and responsibilities.
• Keep communication respectful and well-documented throughout.

Negotiating directly can preserve the relationship and prevent the stress of eviction.

Set Up a Payment Plan

If the issue is unpaid rent, consider working with the tenant to create a structured plan. A payment plan shows good faith on your part and may help them catch up.

• Break the total past-due rent into smaller amounts over a few months.
• Set clear deadlines for each installment and get the agreement in writing.
• Include a clause stating that eviction will continue if they miss a payment.
• Follow up regularly to make sure they’re sticking to the plan.

A payment plan gives the tenant a chance to stay while helping you recover lost income.

Indiana Eviction Frequently Asked Questions

Here are seven common questions associated with evicting a tenant in Indiana.

Can I evict a tenant in the winter in Indiana?

Yes, Indiana law allows evictions year-round, including during the winter months. There are no seasonal protections that stop eviction based on the time of year.

Do I need a reason to evict a tenant with no lease?

Yes, you must still give proper notice and follow legal procedures, even without a lease. Most no-lease situations are treated as month-to-month tenancies requiring a 30-day notice.

What if the tenant refuses to leave after the writ is issued?

If the tenant doesn’t leave voluntarily, law enforcement will physically remove them. Only a sheriff or authorized officer can carry out the eviction.

Can I evict someone for having unauthorized pets?

Yes, having unauthorized pets may be considered a lease violation. You must first serve a notice to cure or quit before filing for eviction.

How long does the eviction process take in Indiana?

The process usually takes three to six weeks, depending on court schedules and how quickly notices are served. Delays may occur if the tenant contests the eviction.

Do I need a lawyer to evict a tenant in Indiana?

Not always—individual landlords can represent themselves in small claims court. However, LLCs and corporations are typically required to use an attorney.

What happens if the tenant damages the unit after the eviction notice?

You can document the damage and seek compensation through a separate damages hearing. Photos, repair bills, and witness statements help support your claim.

Final Word

Always do your best to avoid evicting a tenant. It’s much less stressful and time-consuming to implement an alternative strategy. However, should that be your only option, follow the abovementioned steps.

If you’re ready to move on from landlording, consider selling your Indiana investment property. This could be your gateway to profit while getting out from under your property.