Indiana (IN) eviction guide
Quick answer
To evict a tenant in Indiana, serve the correct written notice first: 10 days for unpaid rent, 30 days for a month-to-month no-cause termination, or 45 days for illegal activity. If the tenant does not comply, file an eviction complaint (called a "Complaint for Possession") in the local Small Claims or Circuit Court and pay a filing fee of roughly $86 to $158. A hearing is typically set within 3 to 20 days of filing, and the full process from notice to lockout usually takes 3 to 8 weeks.
| Legal grounds | Nonpayment of rent, lease violation, illegal activity, holdover tenancy, no-cause termination |
|---|---|
| Minimum notice | 10 days (nonpayment of rent) |
| Where to file | Small Claims Court or Circuit Court in the county where the property is located |
| Filing fee | $86 to $158 (varies by county) |
| Typical timeframe | 3 to 8 weeks notice to lockout |
Required for nonpayment of rent; the tenant has 10 days to pay in full or move out before the landlord can file in court.
Used when a tenant breaks a lease rule such as having an unauthorized pet; Indiana law requires reasonable notice but does not set a fixed number of days.
Required to end a month-to-month tenancy without cause; notice must be given at least 30 days before the next rent due date.
Required when evicting for drug-related or other illegal activity on the premises; after 45 days the landlord may file an expedited court complaint.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve the Written Notice | 10 to 45 days | Deliver the correct notice type to the tenant in person or by posting it on the door; the clock starts the day after service. |
| 2. File an Eviction Complaint | 1 to 3 days | If the tenant does not comply, file a Complaint for Possession at the Small Claims or Circuit Court in the county where the rental is located and pay the filing fee. |
| 3. Court Serves the Tenant (Summons) | 5 to 20 days before hearing | The court issues a summons and the sheriff or process server delivers it to the tenant; the tenant must receive adequate notice before the hearing date. |
| 4. Attend the Court Hearing | 3 to 20 days after filing | Both parties present their case before a judge; bring the lease, the notice, proof of service, and any payment records. |
| 5. Obtain a Judgment for Possession | Same day or within a few days | If the judge rules in the landlord's favor, a Judgment for Possession is entered; the tenant may be given a short period to appeal. |
| 6. Request and Enforce the Writ of Possession | 48 to 72 hours after writ is issued | The landlord requests a Writ of Possession from the court; the county sheriff then enforces it, giving the tenant 48 to 72 hours to vacate before a physical lockout. |
Filing an eviction complaint in Indiana costs approximately $86 to $158 in court filing fees, with total court and service costs averaging around $328 when sheriff service and summons fees are included. Landlords who hire an attorney should budget an additional $500 to $2,000, depending on how contested the case becomes.
After a judgment, the landlord requests a Writ of Possession from the court, which authorizes the county sheriff to physically remove the tenant. The sheriff gives the tenant 48 to 72 hours (72 hours for drug-related evictions) to leave voluntarily before carrying out the lockout. Self-help eviction, such as changing locks or removing belongings without a writ, is illegal in Indiana and exposes the landlord to liability.
General information, not legal advice. Governing statute: Indiana Code Title 32, Article 31 (IC 32-31). Self-help eviction is illegal everywhere; always follow the court process.
Indiana eviction FAQ
Most Indiana evictions take **3 to 8 weeks** from the date notice is served to the sheriff's lockout. Nonpayment cases move fastest because the notice period is only 10 days; no-cause terminations add 30 days up front. Court backlogs in larger counties can stretch the timeline.
Court filing fees run **$86 to $158**, and total court and service costs average around **$328**. Add **$500 to $2,000** if you hire an attorney. Factor in lost rent during the process, which is often the largest expense.
No. Indiana law prohibits self-help evictions. A landlord cannot change the locks, shut off utilities, or remove a tenant's belongings to force them out. A court order and sheriff enforcement are required, and skipping this process exposes the landlord to damages.
If the tenant pays all overdue rent in full within the 10-day notice period, the landlord must accept it and cannot continue the eviction on that ground. Some courts have also held that accepting rent after filing can waive the eviction, so landlords should consult an attorney before doing so.
Yes. Indiana has no seasonal eviction moratorium, so evictions can proceed year-round. The standard notice and court process applies regardless of the time of year.
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