Tenant Rights and Eviction in Indiana
An eviction notice is frightening, but it is not the same as being put out. Indiana law gives renters specific steps and protections.
Key facts
- Nonpayment notice
- Usually a 10-day notice to pay or leave
- Lockouts
- Illegal without a court order
- Deposit return
- Within 45 days (IC 32-31-3)
- Where it happens
- Your county/township court
Eviction is a court process, not something a landlord can do on their own. In Indiana, a landlord who wants to remove a tenant must follow specific steps, and skipping them is unlawful. Knowing the process helps renters in Gary, Hammond, Valparaiso, and across the Region respond instead of panic.
The eviction process, step by step
- Notice. The landlord must first give written notice. For unpaid rent, Indiana generally requires a 10-day notice to pay or quit under the landlord-tenant statute. For other lease violations, different notice may apply. The notice period must pass before the landlord can file.
- Filing. If the issue is not resolved, the landlord files an eviction lawsuit (often called an "ejectment" or possession action) in the county or township court.
- Hearing. You receive a court date and have the right to appear and tell your side. This is the most important step. If you do not show up, the landlord usually wins by default.
- Judgment and removal. If the landlord wins, the court issues an order for possession. Only then, and only a sheriff or constable, can carry out a removal. Landlords cannot do it themselves.
What a landlord cannot do
Indiana prohibits "self-help" evictions. A landlord cannot change the locks, shut off your utilities, remove your belongings, or physically force you out without a court order. These illegal lockouts can expose the landlord to liability. If it happens to you, document it and seek help immediately.
Habitability: the landlord's duties
Indiana law requires landlords to provide and maintain rental units in a safe and habitable condition, including working systems like heat, plumbing, and electrical. If a landlord ignores serious repair problems, tenants have legal options, though Indiana does not generally allow simply withholding rent without following the right steps. Document requests in writing.
Security deposits
After you move out, an Indiana landlord generally must return your security deposit, or provide an itemized list of deductions, within 45 days. Deductions are limited to unpaid rent and damage beyond normal wear and tear. Failing to follow the rule can entitle the tenant to the wrongfully withheld amount and, in some cases, attorney fees.
If you are facing eviction now
Act fast and do three things: read the notice and the court papers carefully for your hearing date, show up to court, and get help. Income-eligible renters can contact the legal-aid organizations on our Find Free Legal Help page, including Indiana Legal Services, which handles housing cases. The official forms and guides are at the Indiana Self-Service Legal Center. For how the local courts work, see our Courts and Filing section.
Frequently asked questions
How much notice does a landlord have to give before eviction in Indiana?
For unpaid rent, Indiana generally requires a 10-day notice to pay or move out before the landlord can file. Other lease violations may carry different notice requirements.
Can a landlord change the locks or shut off utilities to force me out?
No. Indiana prohibits self-help evictions. A landlord must go through court and only a sheriff or constable can carry out a removal after a court order.
How long does a landlord have to return my security deposit in Indiana?
Generally within 45 days of move-out, either returning it or providing an itemized list of lawful deductions.