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In some circumstances, you may be able to obtain an emergency possessory order ( Indiana Code 32-31-6). You can then schedule a time with a constable or sheriff’s deputy to supervise the removal of the tenant and their belongings. If the tenant still doesn’t move out by the specified date, you can get a writ of possession that’s good for 30 days. Sometimes, health circumstances or other special circumstances apply but judges will almost never push back a move-out date by more than a week or two. If the tenant does show, but doesn’t raise an effective defense to the eviction, there will be a brief negotiation with the tenant to arrange a move-out time, usually within a few days of the hearing. Doing so may allow the tenant to successfully sue you. You cannot shut off utilities, change the locks, or otherwise interfere with the tenant’s enjoyment of the property during the eviction process.
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Never try to short-circuit the court process to hurry an eviction along. Often, the tenant won’t show up and you’ll usually get a summary judgment that allows you to go forward to the next step of requesting a writ of possession-the process by which a tenant is forcibly evicted from the property.
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You must then arrange for the tenant to be formally served a notice of a lawsuit.īring a copy of the lease and any other relevant documents to the hearing. The Clerk of the Court will schedule a hearing. The next step is to go to the township court in the county in which your property is located. If no one is available to receive the notice, you can place it on the door, or another conspicuous spot on the property. You or the server must explain the content of the document. As a second option, you can serve the notice to another adult residing on the premises. Preferably, you’ll serve the notice to the tenant directly. However, if the lease contract specifies a specific end date, you don’t have to provide an additional 30 days after the end of the lease.įor non-payment of rent evictions, you must first provide the 10-day notice to cure or quit. After 30 days, if the tenant has not vacated the premises, you can then proceed with the eviction proceedings below. A year-to-year tenancy requires 3 months’ notice. If you’re ending a month-to-month tenancy, you must give the tenant a 30-day written notice to quit. What is the Indiana eviction process normally like? You also cannot evict a tenant for having a service dog or therapy/emotional support animal, even if you have a prohibition on pets-they’re protected by the Fair Housing Act. You cannot discriminate on the basis of a tenant’s status as a member of a protected class. Are there situations in which I cannot evict a tenant in Indiana? You can also evict for committing or threatening to commit ‘waste’ to the property-that is, damaging or vandalizing the rental property. Common examples of lease violations include violation of pet restrictions, criminal or drug activity. In Indiana, you can evict for nonpayment of rent, or for violation of lease provisions. Section 32-31-1-8 for unconditional quit notice rules.) What are some reasons that I can evict a tenant in Indiana? Landlords can file evictions immediately upon providing the unconditional notice to quit. There’s no required waiting period for tenants holding over on expired leases, or month-to-month tenants ‘committing waste’ (damaging or vandalizing the rental property). However, for other lease violations, Indiana allows landlords to file unconditional quit notices immediately. Most other states have a waiting period of 3 to 7 days before filing. Indiana has one of the most lenient statutes in the country for eviction for nonpayment of rent: A landlord must typically provide 10 days’ notice to pay rent or move before they can file to evict. What’s the deal with evictions in Indiana?