If you are being evicted in the state of Indiana, you may not know how to proceed. Learning about the eviction process in Indiana can help you understand your rights and options under the law. After reading this guide, you will understand the steps involved in the eviction process in Indiana and how long each step will take.
Before your landlord can take you to court, he or she must give you an eviction notice. Your landlord can begin the eviction process in Indiana if you are late to pay rent or if you breach the provisions of your lease agreement. Whatever the reason, your landlord must give you a 10 day notice that details the violation and any way that you can fix it.
If you have not paid rent, you will then have 10 days from receiving the notice to pay all late rent and associated late fees. If you have breached the lease (for instance, by having an unauthorized pet) you will be given 10 days to remedy the situation or vacate before the eviction process in Indiana will continue.
Court Filings and Hearings
If you do not pay late rent or cure the breaches in your lease within the ten day notice period, your landlord will file a complaint and summons with the district courthouse. A copy of the complaint and summons will be served to you by the sheriff, your landlord, or a private process server. The complaint will detail why you are being evicted, while the summons will tell you when the eviction hearing will be heard in court.
Two hearings are part of the eviction process in Indiana. The first hearing will determine if you can be evicted, while the second determines money you may owe to your landlord. You are not required to appear at the hearings, but if you fail to appear, your landlord will win the eviction judgment by default.
You may be able to fight the eviction process in Indiana if your landlord has violated tenets of your original lease agreement. Consult with a lawyer experienced in Indiana landlord/tenant law to understand your rights and what options you may have in court.
Notice to Vacate
If you fail to appear for your eviction hearing, or if you lose at the hearing, the court will issue to the sheriff a notice to vacate. This notice will be served to you and posted on your property, and details how long you will have to vacate before the sheriff may forcibly remove you from the premises. In Indiana, the notice to vacate will only give you 24 hours to leave the premises.
If you leave possessions behind, your landlord must give them to a warehouseman, who can charge you reasonable storage costs. You may claim exempt personal property (including a week's worth of clothes, medical supplies, business tools, or items required for a child's schooling or care) without paying anything, but your non-exempt property must be claimed with storage fees or it can be destroyed or sold.