The first step of the eviction process in Indiana is to give a tenant a written notice that they are no longer in compliance with their rental agreement.
For the non-payment of rent, this notice only needs to give the tenant 10 days to rectify the situation, but it can only be for the amount of rent that is due.
This also applies to violations that fall outside the scope of paying rent on time, such as having a pet or making too much noise.
In Indiana, Landlords Must Wait For 10 Days After The Rent Is Due Before Serving An Eviction Notice If The Eviction Is Only For Not Paying The Rent.
There are times when there is not an option to resolve the eviction notice.
These include multiple times when the rent was not paid on time, damage to the rental unit, or committing a criminal offense while on the rental property.
If a tenant is holding over from a previous lease, then landlords must provide their tenant with a 30 day notice. There does not need to be a reason for this notice to be given.
If a tenant is violating health and safety codes or a structured lease is about to end and a landlord does not wish to extend the rental period, then no formal eviction notice is required.
Indiana Then Has Multiple Court-Based Options For The Landlord.
Landlords can file for a traditional eviction action, request immediate possession, or petition for emergency possession depending on the circumstances they face.
In all three hearings, the tenant must appear to provide a defense.
Most hearings are held within 5 days of the landlord filing the court petition.
If the court finds in favor of the tenant, then the eviction process in Indiana starts over.
If the court finds in favor of the landlord, an order of possession will be issued with the judgment and sent to local law enforcement.
This order gives tenants just 48 hours to vacate the premises.
Some cities in Indiana may have variations to this process.
Accepting a partial rent payment may also be considered a legal waiver to the right to evict.
If you have specific questions that need answers to a situation that you’re facing, be sure to consult with an Indiana attorney specializing in eviction law to make sure your rights are properly represented.
