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Making an Indiana Eviction Notice
Indiana Eviction Notices are the first step in the formal eviction process. It lets your tenants know that you are ending the tenancy agreement. You may be serving the notice for late rent or because they stayed past the end of the lease agreement. Our forms are suitable for all types of Indiana evictions.
Use the Indiana Eviction Notice document if:
Eviction Notices are simple to make and let your tenants know that you are moving towards taking legal action if they do not comply. Whichever notice you use, make sure to keep copies for your records including delivery dates and who you delivered the notice to.
This document may also be called: 10-Day Notice to Pay Rent or Quit, Notice to Comply or Quit, Notice to Quit
Eviction Notices are used to let a tenant know that you are wanting to end your tenancy agreement. It is the first step in the eviction process. You may choose to end the lease arrangement if your tenant has failed to pay rent or violated the lease agreement. You can also start the eviction process if tenants are being a nuisance, conducting illegal activities on the property or they have damaged the rental property. If you want a tenant to move who does not have a lease or who has stayed after a lease agreement has expired, you can use a notice in those situations, as well.
In Indiana, you file with the Clerk of the Court in the township court in the county where the rental property is located. This type of filing is often called a Proof of Claim in Indiana. These are considered small claims cases. There is a filing fee you'll need to pay. The clerk will schedule your hearing. You must formally notify the tenants that a lawsuit has been filed. You can hire a professional processor or use an Affidavit of Service to document the delivery of the notification.
No, it is illegal in every state, including Indiana. If you try to force tenants out, your tenant may be able to sue you for damages. Even if you are stressed, or owed a lot of money you cannot: change locks or block entryways, turn off vital utilities, harass or slander the tenant, or move their belongings. If is always best if you follow the legal eviction process in your state. If you are not sure what might be construed as harassment, discrimination or slander, ask a lawyer.Indiana Evictions: Tenant Rights
All states have tenant rights, including Indiana. If you feel you're being discriminated against or that you have not violated your lease, you may want to hire a lawyer to help you. If you cannot afford a lawyer look for low-cost legal or mediation services that may be available in your area.
Here are a few answers to common eviction questions:
How many days do I have to pay rent?
In Indiana, you get more time than most states. In this state you have ten days to pay rent or quit. If you pay rent and don't have any other type of grievances against you, the landlord should stop the eviction process.
Should I appear at the court hearing?
There are benefits to attending the hearing even if you cannot pay your rent. If you can claim some kind of hardship that prevents you from vacating quickly, you may be able to be awarded additional time to move from the judge. If you do not appear, you automatically lose your case.
Can my landlord put a lien on my crops?
Indiana has a lot of farmers and ranchers and sometimes they make agreements to pay their rent using crops. If you have an agreement to pay your rent using part of your crops, they can put a lien on your crops if you don't pay rent. Your landlord needs to file this type of lien 30 days before the crop matures. If your rent is only part of the crops, you still have rights to your portion. If your landlord puts a lien on your crops, you'll benefit from consulting with a local lawyer to help you understand the terms of your lease agreement and what your options may be.
What happens if I am evicted?
If you are evicted, you have to move. If you do not move in the alloted time, a constable or other law enforcement officer will come and forcibly remove you from the property. At that time, usually the locks will be changed and the landlord will have a moving company move your things to storage if you have not moved your belongings already. If you do not claim your items within 90 days, the warehousemen or storage company can sell your possessions.
To learn more about basic tenant rights, see our tenants legal help center.