Eviction Process in Indiana
The eviction process in Indiana begins with a notice to the tenant which contains the name of each tenant, the property address, the date the rent was due, and the date the landlord filed to evict them. If the notice is for nonpayment of rent landlords should state that they will only accept the full amount due. Acceptance of a partial rent may terminate the notice.
The eviction notice you receive from your landlord is controlled by your state landlord tenant laws rather than your residential lease agreement. This is also true for the eviction process. While your rental agreement form states when your lease begins and ends, it doesn’t usually contain information about eviction notice processes. Rental laws derive from the landlord tenant rules (state statutes) Eviction procedures vary widely around the country, just like eviction rules. All the names at the bottom of the page are various names for eviction notices or lease ending notices. However, they are used to accomplish different purposes. For this reason, it is crucial to examine the notice you get from your landlord carefully. Ask yourself “What is it that the landlord is trying to accomplish with this notice? What is it that I am supposed to do?”
Eviction Process in Indiana
Once the notice period has passed without payment from the tenant, the landlord must file the eviction action in Superior Court. The landlord can file either for an eviction or immediate possession. The period of time under which the landlord can regain possession is quicker under the immediate possession than under the eviction process.
The petition for immediate possession is filled out along with a request for damages and a copy of the lease. A request for damages asks the court to order the tenant to pay what they owe (rent, repairs, damage, court costs, cleaning).
The landlord then gets two court dates. The first court date is for the immediate possession hearing. This is generally used for past due rent situations. The tenant is given a copy of the immediate possession paperwork and told to come to court. At the trial both the landlord and the tenant have an opportunity to present their case. The landlord presents the reasons why they think the tenant should be required to leave and the tenant is able to rebut the landlord’s information. The tenant presents their evidence and the landlord has an opportunity to rebut the tenant information. Both sides should bring all the important paperwork to the trial including leases, notices, rent checks, all written communications, pictures, and any paperwork or witnesses that would help prove their case.
At the trial the tenant is asked why they have not paid the rent and they have an opportunity to give the judge their excuse. The judge almost always finds for the landlord.
After the judge gives immediate possession to the landlord, the landlord gives the paperwork to the sheriff to serve the tenant the order to vacate the property immediately. Landlords have to post a bond to protect the county against a lawsuit if the landlord has given false evidence to the court. Once the tenant has left the property, the bond is removed. Once the sheriff sees that the bond has been imposed they will generally deliver the immediate possession paperwork telling the tenant to vacate the property within 48 hours. If the tenant leaves belongings in the property, they must be given the opportunity to come back and retrieve their items, oftentimes one week.
The second court date is to determine damages to the property after the tenant has vacated. This hearing is often several months after the eviction. At this hearing the landlord requests that the court requires the tenant to pay everything they owe to the landlord.
Most states require that evictions occur for only a few reasons that are defined in the state’s Landlord-Tenant statutes. You can download the statutes for your state from this website. The book “How to Stop an Eviction” has chapters on contents of notices and types of notices. If the notice you receive does not contain the correct information, you can get your eviction action cancelled. To obtain those chapters go here.
How the notice is served on you is very important. States have different notice requirements, defined by the state statutes. You can download your state statutes from this website. If the notice was given to you improperly, you can get your eviction action cancelled. The book “How to Stop an Eviction” has a chapter on serving the notice so you can see if you were served properly. To obtain the chapter, go here.
After the notice period, the landlord summons the tenant to court. The summons must meet state standards for content and timing. The state standards can be downloaded from this website. The book “How to Stop an Eviction” has a chapter on contents of the summons so you can verify that the summons contained the correct information. If it does not, you may be able to get the eviction dismissed. To get access to that information, go here.
How the summons is served is important in the tenant’s defense. Many states require that the summons notice be served by someone other than the landlord. The service is often done improperly. In the book “How to Stop an Eviction” there is a section on contesting service of the summons. To get that information, go here.
It is also important that the tenant respond properly to the summons with the correct information to use at trial. There is an extensive chapter in the book “How to Stop an Eviction” showing the tenant how and where to research to determine problems with the landlord’s position. The response to the summons is where that research is entered. The chapter contains over 200 defenses to the eviction. To get access to the information, go here.
In the book “How to Stop an Eviction” there are two chapters relating to the trial. One chapter focusses on preparing for the trial, organizing the information and preparing it to be summarized and presented quickly. The other chapter is on trial strategy. Knowing what information to bring up and when is crucial to the tenant winning. To get access to that information, go here.
If the tenant loses at trial, there are still an additional 9 ways to either win or stall the eviction, sometimes for months. To get access to that information, go here.
Other Useful Information Below
1) Types of tenancies
The notices that you get from your landlord are based on the type of tenant you are. The landlord is required to know what type of tenant you are and to give you the proper notice. If they give you the wrong type of notice, you can often get your eviction action dismissed. To figure out which type of tenant you are, click on this type of tenancy for a quick analysis.
2) Bad mistakes that landlords make that can get them sued.
Click on the links below to see a quick summary of the problem
Health and safety Violations
Violations of Quiet Enjoyment
Unfair or Deceptive Trade Practices
3) Getting the laws of your state
This summary information is provided with the understanding that it is subject to errors, omissions and misstatements. State laws are updated frequently and the most up to the minute information is contained in your state’s statutes.
It is important that you obtain the laws of your state and completely review them. We have a link on this website for you to obtain your state’s laws. To get your state’s laws, go to the home page of this site, and look at the top menu for the state laws. Click on the dropdown menu and then click on your state. You will get a link where you can download your state’s laws.
See paragraph above for context of the notices below. The paragraph begins “The eviction Notice”.
Letter of Eviction Notice
3 Day Notice to Quit
Landlord 30 Day Notice
3 Day Eviction
30 Day Eviction
3 day Eviction Notice
3 Day Notice of Eviction
Tenant Notice to Vacate
Notice to Tenant to Vacate
End Tenancy Letter
30 day Notice of Eviction
Notice to Vacate letter
3 Day Notice to Vacate
Notice to Tenants
Letter of Eviction
30 Day Notice to Vacate
Lease termination letter
Notice to Evict letter
Notice to Vacate
Notice For Eviction
Notice to End Lease
For the eviction process in other states, click the link below