Indiana's eviction process is straightforward, but Marion County's township small claims system has its own quirks.
Indiana's eviction process is called Eviction Action and is governed by Indiana Code 32-31. Cases are filed in either small claims court or superior court depending on the case value. Indiana is generally landlord-friendly with reasonably efficient procedures. Uncontested cases typically conclude within four to six weeks of filing.
Eviction cases involving claims under $10,000 (which includes most residential evictions for possession plus money judgment) can be filed in small claims court. Cases above that threshold or with specific jurisdictional issues go to superior court. Most Indiana counties have small claims divisions that handle landlord-tenant matters efficiently.
For non-payment of rent, Indiana requires a 10-day written notice to pay or vacate (IC 32-31-1-6). The notice must state the amount owed and inform the tenant that the lease will terminate if not paid within ten days. The 10-day period gives tenants meaningful time to cure compared to faster states like Florida or Arizona.
For lease violations other than non-payment, Indiana generally requires written notice describing the violation and giving reasonable time to cure as specified in the lease or under Indiana Code provisions. For substantial violations or repeat violations, shorter notice may be appropriate.
For month-to-month tenancies without cause, Indiana requires 30 days written notice (IC 32-31-1-1). Deliver notices by personal service, posting on the property, or certified mail with return receipt. Document delivery with photographs and receipts.
After the notice period expires, file an eviction complaint in the appropriate court. Filing fees in Indiana are typically $90 to $170 depending on the court and county. The court will issue a summons that the sheriff or constable serves on the tenant.
The tenant typically has 7 to 20 days from service to file an answer, depending on the court. Failure to answer or appear can result in default judgment. Indiana courts schedule eviction hearings on accelerated timelines.
Indiana eviction hearings in small claims court are informal but follow basic rules of evidence. Bring your lease, the notice you served, proof of service, your rent ledger, and any documentation supporting the case. The judge will hear both sides and typically issue a ruling promptly.
If you prevail, the court issues an order for possession. The tenant has limited appeal rights, and Indiana law requires bond posting for appeals.
Marion County, anchored by Indianapolis, is Indiana's most populous county and the state's primary rental market. Marion County eviction cases go to the Marion County Small Claims Courts (one in each township) or the Marion County Superior Court. The township-based small claims courts are unique to Marion County and handle the bulk of residential eviction cases.
Lake County, in the northwestern corner of Indiana, is part of the greater Chicago metropolitan area and includes Gary, Hammond, and Crown Point. Lake County eviction filings go to the Lake County Small Claims Courts or Superior Court depending on case value. Both counties handle high case volumes. For detailed landlord-tenant law specific to each county — including court information, filing logistics, and Marion County's unique township small claims system — see Marion County landlord-tenant law and Lake County landlord-tenant law.
Indiana's eviction process is straightforward in most counties, but Marion County's township small claims court system requires understanding which township court covers your property. See the full Indiana landlord-tenant law guide for notice templates, security deposit rules, and county-specific information across all 92 Indiana counties.
Once the order for possession is issued, the sheriff executes the order. Execution typically occurs within 7 to 14 days. Be present with a locksmith and document the unit's condition with photographs.
Indiana law provides procedures for handling tenant property left behind. You must provide notice and reasonable opportunity for retrieval before disposal. Keep an inventory and photographic record.