Eviction is one of the most regulated aspects of renting in Indiana, and landlords must follow each step carefully to avoid setbacks. Using the wrong notice, missing a deadline, or serving papers incorrectly can stall the process and even create liability.
With PMI Midwest’s deep knowledge of Indiana property law, landlords gain the guidance needed to navigate these requirements smoothly while keeping tenant rights in view.
Continue reading to understand how eviction notices in Indiana work and how to steer clear of costly mistakes.
Key Takeaways
- Always serve proper notices with clear deadlines to start a lawful eviction.
- Indiana evictions must go through the court; self-help removals are illegal.
- Tenants have the right to cure violations and contest defective or retaliatory notices.
- Staying updated on 2025 laws and procedures helps landlords avoid costly mistakes in 2026.
Overview of Indiana Eviction Laws
In Indiana, eviction is always a court-supervised process. Landlords cannot remove tenants on their own. Evictions may only proceed for legally recognized reasons, such as unpaid rent, substantial lease violations, criminal activity, or a tenant holding over after the lease ends.
The first step in every case is serving a proper notice, which gives tenants a chance to either comply or prepare for court.
The grounds for eviction include the following:
- Nonpayment of Rent: Tenants must be given notice before the court can be involved.
- Lease Violations: Such as unauthorized pets, property damage, or illegal activity.
- End of Tenancy: Fixed leases expire automatically; month-to-month rentals require 30 days’ notice.
2025 Updates
SEA 142 automatically seals some eviction cases to protect tenant records, while SEA 157 allows expedited removal of squatters through affidavits.
Understanding the Eviction Notice in Indiana
Notices are the foundation of a valid eviction. Each type serves a specific purpose:
10-Day Notice to Pay or Quit (nonpayment): Tenants have 10 days to pay in full. If rent is paid within this window, the case cannot move forward on nonpayment.
Notice to Cure or Quit (lease violations): Landlords must clearly state the lease breach and provide a firm, reasonable cure deadline.
Unconditional Quit (criminal activity): No cure period. Indiana often applies a 45-day move-out window, though shorter timelines may apply in emergencies.
A valid notice must include the following:
- Tenant name(s)
- Rental address
- Precise legal reason for eviction
- Date of issue
- Exact compliance deadline (use a specific date, not “in 10 days”)
- Statement of consequences for non-compliance
- Landlord’s signature
Here’s a sample form you can follow:
10-Day Notice to Pay Rent or Quit
TO: Tenant Name(s): ______________________
Address of Rental Property: ______________________
You are hereby notified that you are in default in payment of rent for the premises described above.
The amount of rent now due is: $____________________.
Demand is hereby made for payment of the above amount within TEN (10) days of this notice. If full payment is not made by: ______________________ (deadline date), your lease will be terminated, and an eviction action will be filed.
Date of Notice: ______________________
______________________________________
Landlord/Agent Signature over Printed Name
The accepted service methods include the following:
- Personal delivery to the tenant
- Leaving at the tenant’s usual residence with a responsible person
- Conspicuous posting at the rental property
- Certified mail with return receipt (strongly recommended for proof)
Common mistakes, such as using the wrong notice, vague deadlines, missing details, or improper service, can delay or dismiss a case. Importantly, notices do not authorize immediate lockouts.
Tenants retain the right to cure violations where allowed, contest defective or retaliatory notices, and remain until a court judgment and writ are issued.
Important reminder: It's best practice to always keep a copy of the notice and proof of service.
The Eviction Process in Indiana (Step-by-Step)
Navigating the eviction process in Indiana requires following the law carefully. Missing a step can delay the case or even cause dismissal, so it’s important to understand how the process works from start to finish.
Filing the Case
If a tenant fails to comply with a valid notice, the landlord files an eviction (unlawful detainer) in the county court. The filing should include the lease, notice and proof of service, payment records, and other supporting evidence.
Summons and Service
Once filed, the court issues a summons. This is delivered by a sheriff’s deputy or licensed process server, and a return of service confirms how and when it was served. Without proper service, the case cannot proceed.
Tenant Defenses
Tenants may raise defenses such as improper notice, defective service, retaliation after repair complaints, discrimination, or habitability issues. If a breach was cured in time, courts may dismiss the landlord’s claim. Judges review these arguments closely.
Court Hearing and Judgment
At the hearing, both parties present evidence. If the landlord shows valid grounds and proper procedure, the judge grants possession and possibly the money owed.
If the tenant prevails, the case is dismissed, and under SEA 142, favorable outcomes may be sealed from the public record.
Post-Judgment Steps
A judgment doesn’t end the process. The landlord must request a Writ of Restitution and coordinate with the sheriff. Only law enforcement can remove occupants, usually giving tenants 48-72 hours to leave after the order.
Legal Pitfalls Landlords Should Avoid in 2026
Even experienced landlords can stumble into costly missteps if they’re not updated with Indiana’s landlord-tenant laws. Below are some of the most common legal pitfalls to watch out for and how to avoid them.
Notice and Timelines
Courts take notice requirements seriously. Using vague deadlines like “within 10 days,” leaving out tenant names, or failing to specify cure steps can all get your case thrown out.
Always list a fixed calendar date, spell out exactly what the tenant must do, and keep proof of service.
Indiana Eviction Rules
Legislation in 2025 reshaped eviction practice. SEA 142 limits how much past eviction data appears in screenings, while SEA 157 applies strictly to squatters, not tenants with a lease. Misusing these provisions could backfire in court.
Retaliation and Discrimination
Never serve notices that appear retaliatory for repair requests or code complaints, and never reference protected classes. These mistakes can lead to penalties that outweigh the rent owed.
“Self-Help” Evictions
Lock changes, cutting utilities, or removing doors are illegal. Only the sheriff can remove occupants after a writ is issued.
When in Doubt, Seek Help
Tenants can cure violations, contest defective notices, and argue habitability. A quick consultation with an attorney or property manager can prevent costly resets and protect your investment.
Protecting Tenants’ Rights
Indiana’s eviction laws protect renters as much as they guide landlords, and knowing these rights can help tenants avoid unnecessary displacement.
Due Process and Notice
For a lawful eviction, tenants must be served with proper written notice and allowed to rectify the issue before legal proceedings begin. Defenses may include defective notices, retaliation for reporting repairs, or discrimination.
Building a Defense
In nonpayment cases, renters can present payment receipts, show permitted withholdings for essential repairs, or argue that alleged breaches were cured or never occurred. This is why keeping clear records of payments and communications is essential.
Where to Find Help
Legal aid services, housing authorities, and record-sealing under SEA 142 provide valuable support for renters protecting their housing rights.
Staying Compliant and Confident in 2026
Staying on top of Indiana’s eviction rules keeps landlords out of costly trouble while protecting tenants’ rights. By understanding notices, timelines, and proper procedures, you can handle evictions smoothly and confidently.
PMI Midwest is here to guide you every step of the way. Connect with us today to take the hassle out of managing your rentals!
FAQs
1. What are the valid reasons for eviction in Indiana?
Evictions in Indiana can proceed for unpaid rent, lease violations, criminal activity, or when a tenant holds over after a lease ends. All evictions must go through the court.
2. What must a proper eviction notice include?
A valid notice must list tenant names, rental address, legal reason, issue date, exact compliance deadline, consequences of non-compliance, and the landlord’s signature.
3. Can a landlord remove a tenant without going to court?
No. Lockouts, utility shutoffs, or other “self-help” evictions are illegal. Only a sheriff can remove tenants after a Writ of Restitution is issued.
4. How can tenants defend against eviction?
Tenants may contest defective notices, claim retaliation or discrimination, show payments or repairs were made, or argue that lease violations were cured. Courts review these defenses closely.
