What does the eviction process look like in Indiana?

Written by Terri Dee, a Volunteer writer

Without question, Hoosiers are living in challenging times. Providing necessities such as food, clothing, and housing is becoming increasingly more difficult for a growing number of people. Factoring in the added pressures of working longer hours to earn more income adds another layer of stress and uncertainty.

 Despite the hard work and the best intentions, the possibility that an eviction could happen to you and/or your family is not a pleasant one. The best weapon to have is information on your rights as a tenant and understanding the eviction process.

 A landlord, property manager, or owner cannot simply “put you out of your residence.” There are rules that these individuals must follow, and the court expects adherence to.

 The importance of recordkeeping is paramount. Technology has made listing rent payments with dates and amounts much easier to track and review at a moment’s notice. But if online recordkeeping is not your or your property manager’s preference, keeping a paper trail of this information in an organized, accessible folder is crucial. Any disputes or discrepancies regarding paid or unpaid rent, assigned late fees, and eviction conditions are indisputable if there is documentation to support the tenant’s position. If your landlord is using an alternative to technology, insist on getting a tangible paper receipt signed by the landlord or property manager every time rent or a late fee is made – no exception!

 Each state has its own rules regarding a tenant eviction. In Indiana, a landlord is required to file a 10-day notice for lease violations (i.e., late rent, unsanitary conditions). The tenant has the opportunity to "fix" the violation within a period of time determined by the landlord. In the case of more serious violations (i.e., criminal activity, excessive police runs to the property, extensive property damage), an unconditional quit notice may be used, mandating the tenant move out immediately.

 If the tenant does not obey the 10-day notice, the landlord must file a complaint in the justice court of the county where the rental property is located. The court will issue a summons and complaint, which will be served to the tenant by a sheriff's deputy or a certified private process server. Landlords cannot serve these papers.

 Information within these documents will show a court eviction hearing date and time for the case to be heard before a judge. Both parties – the tenant and the landlord - are expected to bring all related documents and/or witnesses to present their case in a clear and comprehensible manner.

The judge may be able to render a decision during this single hearing. At times, additional information, documentation, or more work may be needed to assist the judge in making a decision, and another hearing may be scheduled.

Should the court rule in favor of the landlord, a Writ of Execution will be issued.

This is the final step that orders the tenant to vacate the property. In Indiana, this is usually between 48 to 72 hours after being served the writ to leave.

An eviction procedure can be confusing and overwhelming. This is when the competent and helpful staff attorneys on Neighborhood Christian Legal Clinic’s Housing & Consumer Justice Team can assist you with any concerns and questions and explain all tenant rights. These services are generally free and may be based on income guidelines and other eligibility criteria.