FREQUENTLY ASKED QUESTIONS

What Is an Eviction?

Eviction is the legal process a landlord uses to remove a tenant from a rental property. In Indiana, evictions are governed by state statutes that protect both landlord rights and tenant due process. A landlord cannot forcibly remove a tenant or change the locks without first obtaining a court order.

What are the grounds for eviction in Indiana?

Indiana law permits eviction for several reasons, including:

• Nonpayment of rent
• Violation of lease terms
• Property damage or illegal activity
• Holdover after lease expiration
• Health or safety violations

It’s important to document the grounds for eviction and follow the proper notice procedures. Failure to do so can result in delays or dismissal of your case.

How long does the eviction process take in Indiana?

The eviction process can take as little as 3–4 weeks, depending on court scheduling and whether the tenant contests the eviction. If a tenant fails to leave voluntarily after judgment, additional time may be needed to obtain a Writ of Possession.

What is the Step-by-Step Overview of the Indiana Eviction Process

1. Serve Proper Notice

Before filing an eviction lawsuit (called an “action for possession”), landlords must serve a written notice to the tenant. The type of notice and waiting period depends on the reason for eviction:

• 10-Day Notice: For nonpayment of rent
• Notice to Cure or Quit: For lease violations (not required in all situations)
• 30-Day Notice: For month-to-month tenancies without a specific breach

2. File the Eviction Lawsuit

If the tenant does not comply with the notice, the landlord files an eviction case in the local small claims or superior court. The court will schedule a hearing, typically within a few weeks.

3. Attend the Hearing

At the eviction hearing, both the landlord and tenant may present evidence. If the judge finds in the landlord’s favor, they will issue a judgment for possession. If unpaid rent or damages are involved, a money judgment may also be granted.

4. Enforce the Judgment

If the tenant does not leave voluntarily after the judgment, the landlord must obtain a Writ of Possession, which allows the sheriff to physically remove the tenant and return possession of the property to the landlord.

5. Post-Judgment Collection (if applicable)

If the tenant owes back rent or damages, we can assist with post-judgment remedies such as wage garnishments, bank levies, or proceedings supplemental.

Can I evict a tenant without going to court?

No. Indiana law requires a landlord to obtain a court order before removing a tenant. Self-help evictions such as changing locks or shutting off utilities are illegal and can expose you to liability.

Why should I use a lawyer for evictions, can’t I just do it myself?

Indiana’s eviction process may seem straightforward, but procedural missteps can result in dismissal, delays, or legal liability. Our firm ensures that notices are valid, filings are timely, and court procedures are properly followed — saving you time and greatly reducing your risk.

What can I do if a tenant damages my property?

You may deduct repair costs from the security deposit and pursue a damages judgment if the costs exceed the deposit. Documentation such as photos, invoices, and inspection reports is essential for your case.

What Is a Security Deposit?

A security deposit is any sum paid by a tenant to secure the performance of the rental

agreement — including rent payments, damage repair, or cleaning costs. Under Indiana law,

landlords are not required to collect a security deposit, but if they do, the law imposes clear

obligations.

What Is a Damages Hearing?

After a tenant has been evicted and the landlord has regained possession of the property, the court may schedule a separate hearing to determine how much money the tenant owes. This hearing is known as the damages phase of the eviction case. It addresses unpaid rent, property damage, cleaning expenses, late fees, and other financial losses incurred by the landlord.

Unlike the possession hearing, which is often urgent and brief,  the damages hearing requires detailed documentation, proper notice, and sometimes witness testimony. A well-prepared landlord can obtain a monetary judgment that may later be enforced through collection tools like garnishments or bank levies.

What Can Be Recovered in a Damages Hearing?

The court may award damages for:

• Unpaid rent through the lease term or until the unit is re-rented
• Late fees (if allowed by the lease and not excessive)
• Property damage beyond normal wear and tear
• Cleaning and hauling costs to return the unit to a rentable condition
• Legal fees if the lease includes an attorney fee provision
• Court costs and filing fees

What is a Proceedings Supplemental?

A proceedings supplemental is a post-judgment court process where the debtor (usually the tenant) is required to appear and disclose financial assets or income.If the debtor’s employer or bank is known, third-party garnishment interrogatories can be

served without waiting for a hearing. If they fail to appear, the court may issue a rule to show cause or a body attachment (bench warrant) in serious cases. It’s a common and effective tool for collecting on judgments.

What happens if a tenant files a claim against me?

You should respond promptly and consider legal representation. Adler Law LLC defends landlords against tenant claims involving security deposits, discrimination, habitability issues, and alleged wrongful evictions.

What does a inhabitability and repair allegation claim mean?

Tenants may claim the property was uninhabitable due to mold, pests, broken utilities, or safety hazards and will bring a claim against you. We assist landlords and property owners in showing reasonable maintenance efforts, tenant neglect, or improper notice. Many of these cases turn on documentation and timing — areas where we provide clear guidance.

My tenant claims they were wrongfully evicted and has filed a claim against me. How can you help?

If a tenant claims they were locked out without a court order or harassed into vacating, we provide immediate legal response. Indiana law requires that evictions proceed through the courts, and we help landlords demonstrate compliance with the legal process or defend against exaggerated claims of coercion.

Can I charge late fees or legal fees?

Yes, if your lease agreement allows them and they are reasonable under Indiana law. Excessive or poorly documented fees may be challenged in court.

How long do I have to return a security deposit?

Indiana law requires that landlords return the security deposit or send an itemized list of deductions within 45 days after the tenant vacates and provides a forwarding address.

How long is a judgment enforceable in Indiana?

Judgments in Indiana are enforceable for 20 years and remain as a lien on a tenant’s real estate for 10 years. We assist with judgment enforcement and collections.

What areas do you service?

Based in Indianapolis, we serve clients across the state — with extensive experience in Marion County Small Claims Court and the surrounding counties of Hancock, Hendricks, Johnson, Hamilton and Boone. We offer in-person and remote consultations, and use technology to keep your case moving forward efficiently.

I am ready for a free consultation, how do I get in touch with you?

You may contact us in the manner that is most convenient for you:

• Via phone at 317.635.7880 
• Via email at michael@adlerlawonline.com
• By filling out an online form