Evictions can be a challenging and stressful process for landlords, especially when tenants refuse to leave or fail to comply with lease agreements. Understanding the legal process and knowing your rights as a property owner is crucial to handling evictions efficiently and lawfully.
To help shed light on this topic, we’ve brought in one of our trusted legal partners, Andrew Janutolo, from the Indianapolis law firm of Goodin & Abernathy. With extensive experience in landlord-tenant law, Andrew will walk us through the Indiana eviction process, covering everything from tenant notices to court proceedings. Whether you’re dealing with a cooperative tenant or one who refuses to vacate, this guide will outline what landlords need to know to protect their rental investments and navigate evictions smoothly.
State of Indiana Eviction Process
In Indiana, landlords cannot remove a tenant from their property without following the proper legal process. Eviction is the only lawful way to reclaim a rental unit when a tenant violates the lease agreement. Until an eviction is filed and approved by the court, tenants have the legal right to stay on the premises.
A valid eviction case requires a material breach of the lease agreement. The most common reason for eviction is nonpayment of rent, but landlords may also file for eviction due to property damage, illegal activity, or failure to comply with lease terms. Once a violation occurs, landlords must follow specific legal steps to regain possession of their property.
Before taking legal action, landlords can attempt to resolve the issue directly with the tenant. This may include giving the tenant extra time to pay overdue rent or negotiating a plan to correct the lease violation. However, if the tenant does not comply or refuses to leave, landlords must proceed with the formal eviction process.
10 Day Notice
In Indiana, landlords must give tenants a 10-Day Notice to Quit before they can start the eviction process for nonpayment of rent. This notice informs the tenant of the lease violation and gives them 10 days to either pay the overdue rent in full or move out. If they do not comply, the landlord can proceed with filing for eviction.
The 10-Day Notice can be delivered in several ways. It can be given directly to the tenant, handed to another adult living at the rental property, or posted in a visible spot if the tenant cannot be reached.
However, if the lease states that rent is due in advance and the tenant fails to pay, the landlord may not be required to provide a 10-Day Notice before filing for eviction. Following these legal steps is crucial to ensure the eviction process is handled correctly and lawfully.
Court Filing
Once the 10-day notice period has passed, the next step is filing for eviction at the township court. In Indianapolis, this is handled by the Marion County Small Claims Court. You’ll need to pay a filing fee, which is typically around $100.
After filing, the court will schedule an eviction hearing where both the landlord and the tenant (or their representatives) will appear before a judge. The court will also arrange for the Sheriff to serve the tenant with a Summons and a Notice of Claim. This notice informs the tenant of the court date and makes them aware that an eviction case is in progress. At this stage, the tenant has two options: they can either vacate the property voluntarily or choose to contest the eviction in court.
Uncontested Eviction
The eviction process tends to go more smoothly when landlords maintain open communication with their tenants and provide opportunities to discuss possible solutions. If a tenant is willing to work out a plan, being flexible with their move-out date can save time and money in the long run.
Tenants may request extra time to relocate, and while it’s fine to negotiate, it’s important to keep the court date scheduled to ensure the process continues. Some tenants may promise to leave but fail to follow through, so maintaining the legal timeline is essential.
If a tenant voluntarily moves out and removes all personal belongings, the property is considered abandoned. In this case, the landlord or property manager can legally enter, change the locks, assess any damage, make necessary repairs, and prepare the unit for the next tenant. However, landlords should still update the court by converting the eviction hearing into a damages hearing or requesting to have it canceled.
Evictions Involving the Courts
In many cases, a full court proceeding is required when a tenant refuses to acknowledge the eviction. This is common when tenants cannot afford to pay rent but choose to remain in the property until legally forced to leave.
During the eviction hearing, the landlord (or their attorney) presents essential information to the judge. This includes providing a copy of the lease, explaining the lease violation—such as unpaid rent—and formally requesting possession of the property.
In many cases, tenants do not show up for the hearing, and the judge grants the eviction order. Once this happens, the landlord must wait until the designated move-out date before taking further action.
If the tenant is present in court, there will be a discussion between the landlord, the tenant, and the judge to determine a reasonable move-out deadline. The judge will set the final move-out date, usually within a few days, unless there is a special circumstance like a medical emergency. Tenants have the right to stay in the unit until the court-ordered eviction date. Once they vacate, the landlord can change the locks and prepare the property for new tenants.
In rare cases, a tenant may refuse to leave even after the court has set an eviction deadline. If this happens, the landlord must return to court to request a Writ for the Constable. This legal document allows law enforcement to forcibly remove the tenant and their belongings.
The Writ remains valid for 30 days, meaning the constable can execute the eviction at any time within that window. Once the tenant has been removed, the property is officially returned to the landlord.
Eviction Costs
Evictions come with several costs, starting with a $100 court filing fee. If the rental property is owned by a corporation or an LLC and is valued at more than $1,500, Indiana law requires the landlord to hire an attorney. Attorney fees typically range from $175 to $225 per hour, depending on the lawyer’s experience.
Some attorneys offer flat-rate services for eviction filings, which generally cost between $100 and $200. If the lease agreement includes a clause stating that attorney fees are recoverable, the landlord may be able to seek reimbursement during the damages hearing.
Once the eviction is finalized, a damages hearing is scheduled 30 to 45 days after the tenant has vacated the property. This hearing allows the landlord to present evidence of any damages beyond normal wear and tear. The judge will determine the amount owed, and any remaining balance beyond the security deposit may be ordered as a judgment against the tenant.
Handle Difficult Tenant Eviction with Expert Property Management
Navigating the Indiana eviction process can be complex, but understanding the legal steps and your rights as a landlord can help protect your investment. Whether you’re dealing with a non-paying tenant, lease violations, or court proceedings, having a clear plan in place is essential for a smooth resolution.
At ES Property Management, we provide expert guidance and hands-on support for property owners facing the challenges of managing rentals. Our team understands the ins and outs of Indianapolis real estate laws, ensuring your properties remain profitable and compliant. From tenant screening and lease enforcement to handling evictions when necessary, we take the burden off your shoulders so you can focus on growing your investment portfolio.
If you need assistance with rental property management or have questions about handling evictions in Indianapolis, we’re here to help. Contact ES Property Management today to learn how we can support your success.
Disclaimer: This blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. There is no attorney-client relationship between you and the blog publisher or participants. The blog should not be used Indiana Eviction Process and Laws from an Indianapolis Attorney as a substitute for competent legal advice from a licensed professional attorney in your state.
