The Indiana Eviction Complaint (PDF)Opens a New Window. Is a legal document used by a landlord or property management company to start the eviction process in the state of Indiana. This document is used when the tenant has not paid rent, has breached the lease agreement, or is otherwise in violation of the rental agreement. The Eviction Complaint must be filed with the Indiana court and served to the tenant. It contains information such as the landlord’s name, the tenant’s name, the address of the rental property, and a list of the tenant’s alleged violations. There are two types of Indiana Eviction Complaint (PDF)Opens a New Window.: a Residential Eviction Complaint and a Commercial Eviction Complaint. The Residential Eviction Complaint is used when the tenant is a residential tenant and the Commercial Eviction Complaint is used when the tenant is a business tenant.
Indiana Eviction Complaint (PDF)Opens a New Window.
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FAQ
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. Most other states have a waiting period of 3 to 7 days before filing.
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
If the Indiana law on eviction is not followed, fines and even jail time may apply.
Provided that the tenant does not appeal for reconsideration, a Writ of Execution is issued within a few hours to a few days. The Writ of Execution gives the tenant a maximum of 48-72 hours to vacate the property. If the eviction process is related to drugs, they receive 72 hours to leave.
Provided that the tenant does not appeal for reconsideration, a Writ of Execution is issued within a few hours to a few days. The Writ of Execution gives the tenant a maximum of 48-72 hours to vacate the property. If the eviction process is related to drugs, they receive 72 hours to leave.
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
If your landlord filed an eviction case, and you fail to show up for court when ordered, the court may rule against you without hearing your side. At your first hearing, the judge will explain the pre-eviction diversion program.
The court clerk will then direct the Sheriff to serve a Notice to Vacate on the tenant usually giving them 24 hours to Vacate. If the tenant is still there after the 24 hours, the sheriff will physically remove the tenant, and the landlord will have to remove the tenant's belongings.