The Eviction Process in Indiana: Rules for Landlords and Property Managers

When evicting a tenant in Indiana, a landlord must carefully follow all the rules and procedures set forth in Indiana state law or the eviction may not be valid. Typically, the first step in the eviction is for the landlord to terminate the tenancy. To do this, the landlord must provide the tenant with notice. The type of notice required will be determined by the reason for the eviction.

This article will explain the basic rules and procedures a landlord or property manager must follow when evicting a tenant in Indiana.

Notice for Termination With Cause

To evict a tenant early (meaning, force the tenant to move out before the lease or rental agreement has expired), a landlord must have "cause"—a legal reason. The most common causes of eviction are failure to pay rent or violation of the lease or rental agreement. In some cases, the landlord can also evict the tenant who willfully destroys the rental unit property. The first step in evicting the tenant for one of these reasons is for the landlord to give the tenant notice.

• 10-Day Notice to Pay Rent: If the tenant doesn't pay rent when it is due, the landlord can give the tenant a 10-day notice to pay rent. If the tenant still does not pay rent during the ten-day notice period, the landlord can terminate the tenancy and file an eviction lawsuit. (Ind. Code § 32-31-1-6.)
• Notice to Cure or Quit: If the tenant violates the lease or rental agreement, the landlord must provide the tenant with a notice to cure or quit. This notice must state that the tenant needs to fix the violation within a reasonable time or the landlord will terminate the tenancy. If the tenant doesn't fix the violation within a reasonable time, then the landlord can file an eviction lawsuit. (Ind. Code § 32-31-7-7.)
• No notice required: Landlords can terminate a tenancy immediately when:
  • the landlord agrees to rent to the tenant for a specified period of time, and the time has expired
  • the tenancy ends on a certain day specified in the lease or rental agreement
  • a tenant at will commits waste
  • the tenant is a tenant at sufferance
  • the rental agreement or lease requires the tenant to pay rent in advance, but the tenant doesn't pay rent in advance; and
  • the landlord-tenant relationship doesn't exist. (Ind. Code § 32-31-1-8.)

Notice for Termination Without Cause

If a landlord does not have cause to evict a tenant, then the landlord must wait until the end of the term of the lease or rental agreement before expecting the tenant to move. If the tenant is month-to-month, the landlord will need to provide the tenant with notice.

Month-to-Month Tenancy

If the landlord wishes to end a month-to-month tenancy, the landlord is required to give the tenant a written 30-day notice to quit. This notice will inform the tenant of the landlord's intentions to end the tenancy and that the tenant must move out of the rental unit by the end of 30 days. If the tenant doesn't move within 30 days, then the landlord can file an eviction lawsuit. (Ind. Code § 32-31-1-1.)

Fixed-Term Lease

If the landlord and the tenant have a fixed-term lease or rental agreement (such as for one year) and the landlord doesn't have cause to evict the tenant, the landlord must wait until the end of the term before expecting the tenant to move. If the lease or rental agreement specifies the date on which the tenancy will end, the landlord does not need to give the tenant written notice to move. (Ind. Code § 32-31-1-8.)

Tenant Eviction Defenses

Although a landlord may have cause to evict a tenant, the tenant can still choose to fight the eviction. The tenant may have a valid defense against the eviction, such as the landlord not following all the rules and procedures when evicting the tenant or the landlord discriminating against the tenant. The tenant's decision to fight the eviction could increase the costs and the length of the lawsuit.

Removal of the Tenant

The only person authorized to actually remove a tenant from the rental unit is a law enforcement officer. This can only happen after a landlord has won an eviction lawsuit against the tenant. The landlord must never try to force the tenant to move out of the rental unit. If the landlord does try to force the tenant to move, the tenant can sue the landlord for damages.

The landlord may find that the tenant has left behind personal property at the rental unit following an eviction. The landlord must get a court order before removing the personal property from the rental unit. After the landlord receives the court order, then the landlord must provide the tenant with notice. The notice must state that the landlord will be removing the tenant's property from the rental unit to a warehouseman, or storage unit. The warehouseman then takes responsibility for the property. The tenant must claim the property within 90 days and pay the warehouse the cost of storage, or the warehouse can sell the property. (Ind. Code §§ 32-31-4-1 to 32-31-4-5.)

Rationale for the Rules

Landlords must carefully follow all the rules and procedures required by Indiana law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.