A landlord can’t force a tenant to move out without going through the formal eviction process. Evictions in Indiana must follow a specific process to be valid.
The eviction process involves several steps, some occurring before filing with the court. Many tenants misunderstand the process and their rights, believing they must leave before required.
The Indiana Eviction Process works as follows:
- The landlord issues a Notice to Vacate or Notice to Quit.
- If the tenant doesn’t pay rent or violates the lease, the landlord can end the lease after giving notice (usually 10 days, unless stated in the lease).
- The Notice to Vacate can be cancelled if both parties agree to end the lease or the tenant pays the rent due or fixes the issue within the notice period. The landlord cannot end the lease during the notice period.
- At this point, the tenant isn’t required to leave and the landlord can’t force them out. No eviction has been filed yet.
- If the tenant doesn’t pay rent or fix the issue, the landlord can file for an eviction hearing.
- The landlord can’t file for the eviction hearing sooner than the notice period. If they do, their filing may be invalid, and the tenant should mention this at court.
- Once an eviction hearing is filed, the tenant is formally in the process. A sheriff’s deputy will serve court documents.
- If the tenant or landlord fails to appear in court, they will lose the case. If both parties fail to appear, the case will likely be dismissed. Therefore, it is in the tenant’s best interest to appear in court on the prescribed date and time.
- If the court determines the tenant owes rent or has broken the lease, it will set a date for the tenant to vacate the apartment.
- The tenant can still stay if the landlord is willing and can pay the full rent due by the court’s date. If both conditions are not met, the tenant must leave by the court’s date or the landlord can call the sheriff to remove them.
- In some cases, the court will determine the landlord is at fault, and the tenant will win and stay in the property.
Additional Resources
- Knowing Your Rights as an Indiana Renter (Video) – Indiana Legal Help
- Indiana Tenant Habitability Guide (PDF) – Indiana Justice Project
- Eviction FAQ – Indiana Legal Help
- What Is An Eviction? – Indiana Legal Services