What to expect if an eviction is filed against you in Indiana: Resources and the law

Indianapolis has the fifth-highest eviction filing rate nationwide among the 34 cities tracked by the eviction database, Eviction Lab, with 16 evictions filed per 100 rental households in past year.

If you are a tenant who has had an eviction filed against you, navigating the process can be confusing and challenging.

IndyStar spoke to tenant attorneys and judges who hear eviction cases to compile this guide on what to expect if you're faced with an eviction filing.

What happens when I don't pay rent?

Under Indiana law, if a tenant does not pay rent, the landlord is allowed to file for possession of the property and force the tenant to leave.

A landlord must give a tenant 10 days' notice before terminating the lease or filing for eviction, unless the lease specifically says that the landlord has the right to terminate the lease in less than 10 days.

If a landlord wants to force a tenant out of a rental home, they have to file for eviction in court. Indiana prohibits landlords from evicting tenants themselves, known as "self-help" eviction.

What happens after an eviction is filed?

Under Marion County local court rules, courts can schedule an eviction hearing no earlier than 10 days after a landlord files for eviction filing. That timeline may vary across the county's nine small claims courts.

If you have a hearing scheduled, judges and housing advocates encourage you to go to the hearing and make your case to the judge and respond to allegations.

Generally, in Marion County, a judge will determine at the initial hearing whether the tenant has to vacate the property. These hearings can end with the judge deciding to give possession of the property back to the landlord.

In some small claims courts, such as Lawrence Township, when a tenant disputes any allegations, the judge often decides to move the matter to a contested hearing or trial, allocating more time to review the issues and increasing the chance that the tenant will not wind up evicted.

The landlord may ask the judge to schedule a damages hearing to determine if the tenant owes any monetary damages to the landlord.

Where can I get help?

Tenants can contact their local township trustee's office to see if they are eligible for rental and utility assistance.

Those facing eviction should do so well before the eviction hearing date because once a judge issues a judgment against a tenant, they become ineligible for township rental assistance.

Tenants may also be able to receive free legal assistance from Indiana Legal Services, Indianapolis Legal Aid Society, Neighborhood Christian Legal Clinic, Pro Bono Indiana, Legal Aid Society of Evansville, Legal Aid Corporation of Tippecanoe County and the Indiana Coalition Against Domestic Violence, among others.

How much time will I have to move out?

Indiana law requires courts give tenants a minimum of 48 hours to vacate a property if the judge decides to grant possession to the landlord.

In practice, however, Marion County's nine small claims courts give more time than that, often ranging from five days to 21 days, depending on the judge's discretion.

More: If you're evicted in Indy, you might have a few weeks to move out. Or you might have a few days.

The date that a tenant has to move out by is known as the possession date.

What happens if I don't move out by the possession date?

If the tenant does not voluntarily vacate a home before the possession date set by the judge, the landlord can act on what is called a “writ of possession” and ask a court constable to evict the tenant.

If the tenant fails to remove their belongings before the date of possession, the landlord is allowed to remove the tenants’ belongings and store them in a storage facility as long as they inform the tenant of the location of the storage facility.

The tenant must claim their things within 90 days and pay for storage expenses or the storage facility will be allowed to sell their belongings.

The storage facility must return certain belongings to the tenant without requiring payment, including medically necessary items, business property, a week’s worth of clothing, blankets, and items needed for the care and schooling of a child.

But if the landlord can demonstrate to a court that the evicted tenant abandoned the property, the landlord is allowed to dispose of it.

Contact IndyStar reporter Ko Lyn Cheang on X at @kolyn_cheang.

This article originally appeared on Indianapolis Star: Indiana evictions: What to expect, where to find help facing eviction