From lease enforcement to court representation, we manage the full eviction process from start to finish. Our goal is to help you regain control of your property as quickly and lawfully as possible. Whether the issue is nonpayment of rent, holdover tenants, or lease violations, we will help navigate your case through Indiana’s bifurcated eviction system process with precision and compliance. The process generally begins with notice to the tenant. The type of notice required depends on the reason for eviction. After notice, if the tenant fails to comply, the next step is to file an eviction complaint (also known as an action for possession) with the court. This is when Indiana’s bifurcated eviction system process starts. 

Understanding Indiana’s Bifurcated Eviction Process

Two Hearings. One Process. Landlords Need to Be Prepared.

Indiana’s eviction process is unique in that it is bifurcated, meaning it is split into two distinct legal phases: possession and damages. For landlords, understanding how this two-phase system works is critical to protecting rental property rights and recovering financial losses. At Adler Law, we assist you in properly navigating through both phases of the eviction process, ensuring legal compliance and a strategic approach to both removing the tenant and collecting what’s owed.

Many landlords assume they can resolve everything in a single court date. However, failing to pursue the second phase properly may mean forfeiting your right to collect unpaid rent or damages. In some counties, landlords must request the damages hearing at the time of filing or risk missing the opportunity.

Phase I – The possession hearing 

This is the first and most urgent part of evictions as it determines whether the landlord has the legal right to regain possession of the property. These possession hearings are usually held quickly and focus only on the tenant’s right to remain on the premises. During this phase, landlords must present evidence such as:

• Proof of lease agreement
• Proof of notice (such as 10-day or 30-day notice, depending on the grounds)
• Evidence of breach, such as nonpayment or lease violations

If successful, the court will issue a judgement for possession. This judgement gives you the right to regain control of the property. If the tenant refuses to leave voluntarily, you can request a Writ of Assistance or Writ of Possession, which authorizes law enforcement to remove the tenant..   

Phase II –  The damages hearing

Once possession is resolved, this second phase (a separate hearing) is scheduled to determine the amount of money the tenant owes. This includes items such as past due and unpaid rent, repair costs for damages, cleaning or hauling expenses, utilities, and legal fees, if allowed by the lease.  Adler Law understands the legal standards for proving damages and helps landlords compile the necessary evidence in order to obtain a successful financial outcome. Tenants have the right to appear and contest these claims and proper notice of the hearing must be served to the tenant. If the tenant fails to appear, the court may issue a default judgment — but only if the landlord has submitted sufficient proof.

Landlords must be able to prove their claims with credible evidence. Sufficient documentation and evidence in this phase includes:

• Lease agreement and rent ledgers
• Move in and move out inspection checklists
• Invoices for repairs, cleaning, or replacement
• Photos and/or videos of the damage
• Any additional documentation supporting the landlord’s claims

These hearings often occur separately, even if they stem from the same case filing. If you’re unfamiliar with this structure, it’s easy to miss deadlines or mishandle paperwork — costing you time and money.

Evicting a tenant is only half the battle. Recovering what you’re owed through the damages hearing is often the overlooked step. An eviction doesn’t cancel the lease or erase what the tenant owes. If you don’t request a damages hearing or present your case effectively, you may forfeit your right to a monetary judgment. At Adler Law LLC , we assist you in properly navigating both phases by: 

• Ensuring all notices are proper and timely by drafting and filing the damages pleadings
• Organizing evidence and preparing exhibits in order to present clear evidence at both stages
• Filing for damages within statutory deadlines
• Using proceedings supplemental to enforce judgments through post-judgment collections
• Representing you in court at the hearings

Contact Adler Law LLC today and partner with a landlord attorney who understands the full scope of Indiana’s bifurcated eviction process. Our firm offers personalized attention with thorough guidance on all relevant statutes and procedures, ensuring full compliance with Indiana law. 

Clear Guidance. Lawful Procedure. Results You Can Count On.