How to evict a tenant in Indiana: from notice to sealing
Indiana's courts say a landlord can ask a tenant who has not paid rent to vacate without advance notice, but the sheriff acts only on a court order, and the better practice is to give written notice anyway. Evictions are then filed as small claims possession cases, tried without a jury unless the tenant asks, and carried out by the sheriff only with a court order. Indiana also has dismissal and record sealing rules after a case ends that landlords often overlook.
What notice does Indiana require for unpaid rent?
The Indiana courts' Small Claims Manual (updated December 23, 2025) says a month-to-month lease, written or oral, generally needs at least 30 days' notice to end unless the lease says otherwise, and that IC 32-31-1-8 lists circumstances where advance notice or a notice to quit is not necessary. Its example is unpaid rent: the landlord can ask the tenant to vacate without advance notice. The manual adds that actual eviction with the sheriff's participation requires a prior court order, and that the better practice, in case of doubt, is to give advance notice or ask an attorney. This post does not state a number of days for a rent notice because the manual gives none; check the current text of the Indiana Code and your lease.
Two habits from the same manual protect you. If you have accepted late rent in the past, give the tenant reasonable notice, preferably in writing, that late payments will no longer be accepted and will count as a breach. And a late charge is allowed only if the lease agreed to it in writing, so check the lease before you put one in the notice. See how to serve a notice and prove it.
Where is an Indiana eviction filed?
Evictions are generally filed as small claims cases in the county where the rental is. The manual says small claims can seek up to $10,000 and also covers emergency possessory actions under IC 32-31-6. A plaintiff who files in small claims gives up the right to a jury, and the tenant can ask for one by filing an affidavit no later than ten days after being served and paying a $70 fee, which moves the case out of the small claims track. Filing fees and hearing dates are set by each county, so ask the clerk instead of counting on a fixed timeline.
The manual describes the trial as the point where both sides bring evidence, and the first date is sometimes used only to learn whether the defendant disputes the claim. Bring the lease, the ledger, your notice and proof of how and when it was delivered. If you win possession, the sheriff carries out the removal under the court's order, and if you want the tenant's belongings stored, the manual says you may ask for an order to deliver them to a warehouse, with the tenant responsible for storage costs.
When can a landlord ask for emergency possession?
Under IC 32-31-6, a landlord can file for emergency possessory relief if a tenant is committing or threatening waste to the premises, if a tenant or guest committed a crime that affects the health and safety of another tenant, the landlord or the landlord's agent, or if the tenant gave materially false information to get the lease. The manual is blunt about one thing: non-payment of rent is not a basis for an emergency eviction proceeding. Rent cases go through the regular route above.
What must you do after the case is resolved?
Indiana puts duties on the landlord once a case ends or stalls. Under IC 32-31-10-3, a landlord who files an eviction must file a motion to dismiss if the case is resolved between the parties before final adjudication, unless the landlord is seeking damages, including keeping the security deposit. If a landlord takes no action for at least 180 days after filing, the court notifies the parties and tells the landlord to prosecute or dismiss within 10 business days, and the tenant may petition to dismiss. Since July 1, 2022, a case dismissed because the landlord took no action for 180 days comes with an order banning disclosure of its records, and the court may charge the landlord a $10 administrative fee (IC 32-31-10-4). Since July 1, 2025, a tenant can also petition to seal a case that was dismissed or decided for the tenant, or one with a money judgment the tenant has satisfied or that is at least seven years old.
Example a made-up landlord serves a written notice for $1,050 in unpaid rent on Monday, November 2, 2026, giving the tenant ten days to pay (a number the landlord chose; the manual sets none). The ten days end Thursday, November 12, so the landlord files a small claims possession case on Friday, November 13. Assume the court sets a first date of Wednesday, December 2. The tenant pays the back rent and the court costs the day before, and the landlord agrees to dismiss. Because the case resolved before a final decision and the landlord is not seeking damages, the landlord must file a motion to dismiss. If instead nothing happened for 180 days after November 13, the court would send a notice around mid-May 2027 and the landlord would have 10 business days to move forward or dismiss.
What may an Indiana landlord not do?
Landlords need a court order before the sheriff will evict. Changing the locks, interrupting utilities or other essential services, or otherwise interfering with a tenant's possession is not a way to force a tenant out: under IC 32-31-6 a tenant may file a small claims action for emergency possessory relief when a landlord has unlawfully interfered with the tenant's access or possession, for example by changing the locks or shutting off essential services. Indiana also offers a statewide pre-eviction diversion program and a free landlord-tenant settlement conference program, both voluntary, through indianahousingnow.org.
How DoorKeeping handles it
DoorKeeping records rent and late fees in each property's books, so the amount and the late charge in your notice match what the lease allows. The tenant ledger, the lease and your notice are stored together, and you can email tenants. It does not file small claims cases or serve notices. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.
Sources
- Indiana Office of Court Services, Small Claims Manual (updated 12/23/2025), read Oct 30, 2026
Questions
- Do I need to give notice before filing for unpaid rent in Indiana?
- The state courts' manual says a landlord can ask a tenant to vacate for unpaid rent without advance notice under the exceptions in IC 32-31-1-8, but the sheriff needs a court order and giving written notice is the better practice.
- Can I get emergency possession in Indiana for unpaid rent?
- No. The state courts' manual says non-payment of rent is not a basis for an emergency eviction proceeding under IC 32-31-6.
- Do I have to dismiss an Indiana eviction case if the tenant pays?
- If the case is resolved before final adjudication and you are not seeking damages, IC 32-31-10-3 requires you to file a motion to dismiss.