Eviction Process in Indiana: Timeline, Notices & Costs
An Indiana eviction for unpaid rent starts with a 10-day notice to pay or quit and usually takes 3 to 6 weeks if the tenant doesn't contest it. Courts often split the case into a quick possession hearing and a later damages hearing. Here is the legal eviction process under Indiana landlord tenant laws, with each stage, the costs, what slows a case down and why lockouts are off limits.
By LandlordTested editorial teamLast reviewed
Indiana notice periods and timeline
- Unpaid rent
- 10-day notice to pay rent or quit
- Lease violation
- Notice to quit/cure per the lease (no statutory cure period for most violations)
- Ending a month-to-month
- 30 daysOne month's written notice for month-to-month (Ind. Code § 32-31-1-1).
- Typical uncontested case
- 3-6 weeks
- Court costs
- ~$100-$180 small claims/eviction filing plus serviceVaries by county; confirm with the court clerk.
- Statute
- Ind. Code §§ 32-31-1-1, 32-31-1-6
General information, not legal advice. Last legal review October 18, 2026. Laws change; check the statute or a local landlord-tenant attorney before acting.
On this page
Indiana’s rules are mostly statewide
Indiana preempts local landlord-tenant ordinances and rent control, so the process looks much the same in Fort Wayne as in Evansville. The main statutes are Ind. Code §§ 32-31-1-1 and 32-31-1-6. What varies is the court and the county’s procedures, especially in Marion County, which handles a large share of the state’s eviction filings.
Stage 1: the notice
Unpaid rent. Serve a 10-day notice to pay rent or quit. Put the exact amount owed and the date it’s due. If the tenant pays in full within 10 days, the tenancy continues.
Other breaches. Indiana doesn’t set a statutory cure period for most lease violations. The notice your lease requires is what matters, so write a specific period into the lease. This area is less settled than the nonpayment rule, so confirm the right notice for your situation before relying on it.
Month-to-month. One month’s written notice under Ind. Code § 32-31-1-1.
Deliver the notice in person or by a method your lease allows, and keep proof of the date.
Two habits save trouble later. First, demand only rent in the 10-day notice; list late fees and other charges separately so the tenant can’t argue they didn’t know what would cure the default. Second, think before accepting a partial payment once the notice is out. Taking money after serving notice can muddy whether the tenancy was really terminated, so if you accept it, say in writing that you’re applying it to the balance without waiving the notice, or ask a local attorney how your county’s judges treat it.
Stage 2: filing
After the notice runs out, file an eviction complaint asking for possession (and damages, if you want them). You can usually file in small claims court, or in the circuit or superior court for the county. Small claims is simpler and cheaper for most small landlords. Filing fees run roughly $100 to $180, plus service. Check with the county clerk for current fees and forms.
Stage 3: the possession hearing
The summons sets an initial hearing, usually within a few weeks. Bring the lease, the notice, proof you served it, a rent ledger and photos. If you win, the court enters judgment and an order for possession with a deadline for the tenant to leave.
Courts often split the case. Possession is decided at the first hearing; money damages are set for a later date, once the tenant is out and you know what repairs and unpaid rent add up to. You can also apply the security deposit (with the itemized list Indiana requires within 45 days) before the damages hearing.
Stage 4: the writ
If the tenant hasn’t left by the court’s deadline, request a writ of possession. The sheriff or bailiff carries it out. There’s a fee, and scheduling varies by county.
A Marion County example
Your Indianapolis single-family rental goes unpaid at $1,100 a month.
| Stage | Typical time |
|---|---|
| 10-day notice | 10 days |
| Filing to possession hearing | 2-3 weeks |
| Move-out deadline set by the court | Several days to about a week |
| Writ, if needed | About a week |
| Total, uncontested | About 3-6 weeks |
Five weeks of lost rent at $1,100 is about $1,270, plus the filing fee, service and any writ fee. Marion County courts encourage tenant-landlord mediation and rental assistance before judgment, which can add a little time but also gets some landlords paid.
What delays an Indiana case
- The tenant contests, for example by claiming the unit wasn’t habitable. Indiana requires you to deliver a safe, clean and habitable unit, and tenants can sue for repairs after giving notice and a reasonable time to fix.
- A request to mediate or time to apply for rental assistance.
- Notice problems, such as the wrong amount or a lease-violation notice that doesn’t match the lease.
- A jury demand, which can move the case out of small claims.
- Bankruptcy, which brings an automatic stay until the bankruptcy court lifts it.
- An appeal after judgment.
No self-help
Indiana specifically prohibits landlords from changing locks, removing doors, interrupting utilities or taking a tenant’s belongings to force a move-out. A tenant can sue for damages, attorney fees and court costs, and a lockout hands them a strong defense in your case. Wait for the writ.
Settling first
Many Indiana cases end with an agreement. A written payment plan, ideally entered as an agreed judgment with the court, keeps rent coming and lets you move to the writ if a payment is missed. Cash for keys can be cheaper than a month of vacancy: a set sum and the deposit back for leaving the unit clean by a signed date. Mediation programs in Marion County are designed for these deals.
This page is general information, not legal advice. For a contested case, talk to an Indiana landlord-tenant attorney or the court’s self-help resources.
The Indiana eviction process, step by step
- 1
Serve the notice
For unpaid rent, a 10-day notice to pay rent or quit. For other lease breaches, the notice your lease requires. To end a month-to-month tenancy, one month's written notice.
- 2
File for possession
After the notice period ends, file an eviction (possession) complaint in small claims court or the circuit or superior court for the county.
- 3
Serve the summons
The tenant is served with the summons, which lists the initial possession hearing, usually set within a few weeks.
- 4
Win judgment and an order for possession
At the possession hearing, the court can enter judgment and an order for possession with a move-out deadline. Money damages may be set for a later hearing.
- 5
Request a writ if the tenant stays
If the tenant is still there after the court's deadline, request a writ of possession. The sheriff or bailiff carries it out.
Questions landlords ask
The questions we get most, each answered in a paragraph.
How long does an eviction take in Indiana?
About 3 to 6 weeks when the tenant doesn't contest it. That's the 10-day notice, filing, a possession hearing usually within a few weeks, the move-out deadline the court sets, and a writ if the tenant stays. Marion County's high volume and mediation programs can stretch that a little.
How much notice does an Indiana landlord give for unpaid rent?
Ten days, using a notice to pay rent or quit. If the tenant pays the full amount within that time, the tenancy continues. If not, you can file for possession. For other lease violations, Indiana law generally relies on what the lease says, so check your lease for the required notice.
How much does it cost to evict a tenant in Indiana?
Small claims or eviction filing fees run roughly $100 to $180 plus service, and the writ has its own cost if you need one. Fees vary by county, so check with the clerk. At $1,100 rent, five weeks of lost rent is about $1,270, which is usually more than the court costs.
Can an Indiana landlord change the locks on a tenant?
No. Indiana law prohibits landlords from changing locks, removing doors, cutting off utilities or removing a tenant's belongings to force them out. A tenant can sue for damages and attorney fees. Only the sheriff or bailiff, with a court writ, can remove a tenant.
Why does an Indiana eviction have two hearings?
Courts often handle possession first, because getting the unit back is urgent, and set money damages (unpaid rent, repair costs) for a later date once the tenant has moved out and you know the full amount. You don't have to wait for the damages hearing to get the unit back.