Indiana Eviction Notice and Process Forms – PDF
If you need to remove a tenant from your property, or you are being evicted, it is important to understand the eviction process so you will understand your rights and options.
Instructions to Evict a Tenant
In Indiana, landlords may begin the eviction process if tenants have not paid rent or if they have violated the lease. The first step is to give notice. This means personally delivering a document stating why you intend to evict the tenant, and what the tenant can do to avoid being evicted (e.g., pay back rent). In every case, the tenant will have 10 days to remedy the problem before you can move forward with the eviction. If the reason for eviction is criminal conduct or substantial damage to the property, the tenant will have no opportunity to fix the issue.
- 2. File the Action for Possession
After the 10 days have passed and the tenant has not rectified the issue, the property owner may file an Action for Possession. Next, the court will send the tenant an Order to Show Cause, which requires the tenant to appear at a hearing to contest the Action for Possession. The hearing will occur no sooner than five days after the Action has been served to the tenant. In cases of emergency, for instance, if the landlord believes property destruction is imminent, he or she can ask the court for the hearing in just 48 hours.
Like other states, if the tenant does not appear, the court will issue a default judgment for the landlord. The court will then issue a Notice to Vacate to the sheriff, who will post it on the property. This gives the tenant just 24 to 48 hours to leave the premises.
If the tenant appears, the two sides will be asked to show why each has the right to possession of the property. You should bring any relevant documents and witnesses to the hearing. If the landlord prevails, the judge will issue the Notice to Vacate.
After possession has been determined, a second hearing may be held to determine whether the losing party owes the prevailing party damages. For example, the owner might have sued to obtain back rent as well as the eviction.
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