Eviction By Law Enforcement: Indiana's Legal Process Explained

In Indiana, a landlord must carefully follow all the rules and procedures set forth in state law when evicting a tenant. The tenant can only be legally removed with a court order obtained through the formal eviction process. The only person authorized to actually remove a tenant from the rental unit is a law enforcement officer, which can include a sheriff. This can only happen after a landlord has won an eviction lawsuit against the tenant.

Landlord rules and procedures

In Indiana, landlords must follow all the rules and procedures required by state law when evicting a tenant. Eviction laws vary from state to state and even county to county, so it is important to check local statutes as well as state ones. The eviction process in any state can be long and complex, so hiring an eviction attorney is advised.

To evict a tenant early, a landlord must have "cause"—a legal reason. This could include failure to pay rent, lease violations, property damage, or criminal or illegal activity on the premises. If the tenant is violating the lease or rental agreement, the landlord must first provide them with a notice to cure or quit. This notice must state that the tenant needs to fix the violation within a reasonable time—usually 10 days—or the landlord will terminate the tenancy. If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can then file an eviction lawsuit.

If the landlord wishes to end a month-to-month tenancy, they are required to give the tenant a written 30-day notice to quit. This notice informs the tenant of the landlord's intentions to end the tenancy and that they must move out of the rental unit by the end of 30 days. If the tenant doesn't move within 30 days, then the landlord can file an eviction lawsuit. If the landlord and the tenant have a fixed-term lease or rental agreement, the landlord must wait until the end of the term before expecting the tenant to move, unless they have "cause" to evict the tenant.

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit. The next step in the Indiana eviction process is filing the complaint. The complaint or affidavit should state the grounds for the eviction process and include the names of all parties, the rental property address, and the notice service date. The landlord must arrange for the summons and complaint to be served to the tenant via mail or by a sheriff. On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will issue a judgment. If the judge rules in the landlord's favor, the court will issue a writ of possession. The tenant then gets at least 48 hours but no more than five days to move out. For drug- or nuisance-related evictions, the writ could be executed immediately. If the tenant does not move out during the designated period, the sheriff will return to forcibly remove the tenant and return possession of the premises to the landlord.

In Indiana, it is illegal for a landlord to evict a tenant in response to exercising a legally protected right, such as complaining about habitability issues. It is also unlawful for a landlord to forcibly evict a tenant, including by cutting off their water or electricity or changing the locks. Only a law enforcement officer is authorized to remove a tenant from the rental unit, and this can only happen after a landlord has won an eviction lawsuit against the tenant. If the landlord tries to force the tenant to move out, the tenant can sue the landlord for damages.

Tenant rights and defences

In Indiana, tenants have the right to a habitable place to live, privacy, access to their home, and the return of their security deposit. The landlord is responsible for the upkeep of the property and common areas, and tenants have the right to legal action if the landlord fails to make repairs in a reasonable amount of time.

If a landlord wishes to end a month-to-month tenancy, they must give the tenant a written 30-day notice to quit. If the tenant doesn't move within 30 days, the landlord can file an eviction lawsuit. If the landlord has a fixed-term lease or rental agreement, they must wait until the end of the term before expecting the tenant to move out, unless there is a legal reason for an early eviction. The most common causes of eviction are failure to pay rent or violation of the lease or rental agreement.

To fight an eviction, tenants can argue that the landlord did not follow all the rules and procedures when evicting them, or that they were justified in their actions. For example, if the tenant was short on rent because they used the money to make an essential repair that the landlord agreed to but didn't carry out. Tenants can also file a counterclaim against the landlord, alleging that the landlord violated the law. If a tenant chooses to fight an eviction, it can increase the costs and length of the lawsuit.

If a landlord has filed an eviction lawsuit, tenants should gather any documents, photos, videos, and other evidence to support their defences or claims. They should also consider having a municipal building inspector visit the property to assess its condition. If tenants cannot attend the initial hearing, they should contact the court clerk and ask for a continuance or notify the court of their absence. If a tenant misses the hearing, the judge will likely issue a default judgment, allowing the landlord to move forward with the eviction.

Squatters rights

In Indiana, squatters are defined as people who occupy a vacant, foreclosed, or abandoned property without the owner's permission. While squatting is a civil matter, it can be considered a criminal practice, and squatters can usually be charged as criminal trespassers and be evicted like tenants. However, squatters' rights, also known as adverse possession, allow squatters to gain legal ownership of a property under certain conditions.

To claim adverse possession in Indiana, squatters must fulfil several requirements. Firstly, they must openly inhabit and maintain the property, doing so visibly and exclusively, without sharing possession with others. Secondly, they must have full control over the property, claiming ownership and serving the legal owner with a formal notice of their intent and control. Thirdly, they must have lived in the property for at least 10 continuous years, during which they must have paid property taxes. These criteria ensure that the legal owner has a fair chance to take action if their property rights are being infringed upon.

If a squatter meets all the criteria for adverse possession, they have "colour of title", which is the right of legal ownership without a written deed. They can then file an action for adverse possession in Indiana to legally obtain the title to the property. However, in most cases, squatters will not meet these stringent criteria and can be removed through the typical eviction process.

If a property owner in Indiana discovers a squatter on their land, they should first call local law enforcement to determine whether the person is a trespasser or a squatter. If the person is a trespasser, they can be removed immediately by a police officer. If the person is a squatter, the owner must send an eviction notice, and if the squatter does not vacate, the owner can file for eviction and follow the standard Indiana eviction process. It is recommended that property owners in Indiana constantly monitor their land and clearly mark property limits to deter squatters and protect their rights.

Illegal eviction

In Indiana, landlords must follow specific rules and procedures to legally evict a tenant. If a landlord fails to adhere to these rules, the eviction may not be valid.

Firstly, a landlord must provide the tenant with a written eviction notice before taking any legal action. The type of notice required depends on the reason for the eviction. For instance, a 10-day notice is used for non-payment of rent, a 30-day notice is for lease violations, and an unconditional quit notice is for serious violations like illegal activities. If the tenant does not comply with the notice, the landlord can then file an eviction lawsuit in the relevant county court.

It is important to note that self-help evictions, such as changing locks or shutting off utilities, are illegal in Indiana. Only a law enforcement officer can physically remove a tenant from a rental unit, and this can only happen after the landlord has won an eviction lawsuit and obtained a court order. If a landlord attempts to forcibly remove a tenant without following the proper legal procedures, the tenant can sue the landlord for damages.

To avoid illegal eviction, tenants in Indiana have specific rights, including the right to proper notice, a court hearing, and the opportunity to present a defense. Tenants can also fight an eviction if the landlord did not follow all the rules and procedures or if the landlord is discriminating against them. Additionally, tenants may have legal grounds to terminate their lease early under certain conditions, such as military deployment or domestic violence situations.

In summary, illegal eviction in Indiana occurs when a landlord attempts to evict a tenant without following the proper legal procedures, including providing proper notice and obtaining a court order. Tenants have rights and protections against illegal eviction, and landlords who engage in illegal practices can be held liable for damages.

Law enforcement involvement

In Indiana, a landlord must carefully follow all the rules and procedures set forth in state law when evicting a tenant, or the eviction may not be valid. The first step in the eviction is for the landlord to terminate the tenancy by providing the tenant with a notice to comply or vacate. The type of notice required will be determined by the reason for the eviction. For instance, if the tenant has engaged in illegal behavior, the landlord must issue a 45-Day Notice to Vacate. If the tenant does not move out by the end of the notice period, the landlord can then file an eviction lawsuit.

The only person authorized to physically remove a tenant from the rental unit is a law enforcement officer. This can only happen after a landlord has won an eviction lawsuit against the tenant. The landlord must never try to forcibly remove the tenant from the rental unit. If the landlord does try to force the tenant to move, the tenant can sue the landlord for damages.

If the tenant does not move out during the designated period after the lawsuit, the sheriff will return to forcibly remove the tenant and return possession of the premises to the landlord. There may be an additional fee associated with this process.

In the case of squatters, the landlord must determine whether the person is a trespasser or a squatter. If the person is a trespasser, they can be removed immediately by a police officer. If the person is a squatter, the landlord must contact the sheriff's office and send an eviction notice. If the squatter does not vacate the premises by the end of the notice period, the landlord must file for eviction and follow the typical eviction process.

Frequently asked questions