In Indiana, the first step a landlord must take in evicting a tenant for failure to pay rent or other breach of the terms of the lease is to provide an eviction notice. After receipt of the notice, the tenant has 10 to 30 days, depending on the type of lease, to pay the missed rent or otherwise remedy the breach of the lease. Indiana law prohibits self-help evictions.Continue Reading
If a tenant fails to rectify a breach of a leasing agreement within the applicable time period after receiving an eviction notice, the landlord may file a complaint and summons in the local Superior Court. In the complaint or summons, the landlord outlines details of the breach in the lease, and the court conducts an eviction hearing. The purpose of the eviction hearing is to determine whether the tenant breached the lease and provides both sides with an opportunity to argue their cases to a judge. The court may issue a default judgment against either party that fails to appear at the hearing.
If the court determines that the tenant breached the lease, it issues a notice to vacate the property, which the sheriff posts on the property. The notice to vacate informs the tenant when he must vacate the property. In Indiana, tenants generally have 24 hours from the time the sheriff posts the notice to vacate the premises. The landlord may charge the tenant a fee for storing certain types of personal property left behind.Learn more about Real Estate