Indiana Eviction Process: The 10-Day Notice, Two Hearings and Sealing Your Record

An Indiana eviction is a court case. The landlord gives notice, files a claim for possession, and has to prove the case at a hearing. Only then can the sheriff remove a tenant [2]. Most cases are filed on the small claims docket, and money questions are often decided at a separate, later hearing [1][2].

The notice comes first

For unpaid rent, Indiana law says a landlord can end the lease with not less than 10 days’ notice, unless the parties agreed otherwise or the tenant pays the rent in full before the notice period runs out [1]. A separate statute sets what the notice has to say [1].

Notice matters in court. In a February 2026 decision, the Indiana Court of Appeals threw out an eviction because the landlord offered no evidence it had given the tenant the required notice. Statements in the landlord’s complaint weren’t enough [1].

Month-to-month leases. Unless the lease says otherwise, either side generally has to give at least 30 days’ notice to end a month-to-month lease, written or oral [2].

The court case

Indiana’s small claims courts hear landlord-tenant disputes when the rent due at filing is $10,000 or less [2]. The tenant gets a notice of claim with the hearing date, served at least 10 days before the court date [2].

Evictions usually come in two parts:

• The possession hearing decides whether the tenant has to leave. The landlord has the burden of proving the case with evidence [1].
• The damages hearing decides money: back rent, damage to the unit, fees and the security deposit. In the 2026 appeals case, it came two months after the possession hearing [1]. Tenants can bring their own claims against the landlord, called a counterclaim [1].

Appeal and removal

A party who wants to appeal a small claims judgment has to take the first steps within 30 days [2]. Appeals go to the Indiana Court of Appeals and have strict rules, so talk to a lawyer quickly [2].

Actual removal by the sheriff requires a court order [2]. If the landlord wins possession, the court can also let the landlord move the tenant’s belongings to a warehouse for storage, at the tenant’s expense [2].

No lockouts, no shutoffs

Indiana generally doesn’t allow landlords to force tenants out themselves. Utility shutoffs are permitted only when the tenant has abandoned the home and the utilities are in the landlord’s name. Lockouts aren’t allowed unless the tenant has abandoned the home [2]. A landlord also can’t hold a tenant’s belongings for unpaid rent unless a court allows it [2].

If a landlord locks you out or cuts off utilities or other essential services, you can file a small claims case for emergency possessory relief [2]. Landlords can use the same emergency process against tenants who are damaging the property, commit certain crimes, or lied on a rental application. Unpaid rent is not a reason for an emergency eviction [2].

Other tenant protections

Repairs. Indiana landlords must deliver the home in a safe, clean and habitable condition, follow health and housing codes, and keep electrical, plumbing, sanitary, heating and air systems in good working order [2]. A tenant has to give notice and a reasonable time to fix the problem before suing. A tenant who wins can recover damages, attorney fees and court costs [2]. Put repair requests in writing, by certified mail and email if you can, and keep copies [2].

Victims of domestic violence. Tenants with a current, court-ordered protection order have added rights, including protection from retaliation and, in some cases, ending the lease early [2].

Security deposits. The landlord must return the deposit or send an itemized list of deductions within 45 days after the tenant gives a forwarding address [2].

Dismissal and sealing

Indiana has newer rules that keep some eviction cases out of public view [2]:

• Stalled cases. If a landlord takes no action for at least 180 days, the court sends notice. If the landlord doesn’t move forward or dismiss within 10 business days, the case can be dismissed and its records shielded from the public.
• Sealing on request. Since July 1, 2025, a tenant can petition to seal a case that was dismissed, decided for the tenant, or overturned on appeal. A case with a judgment against the tenant can qualify if any money judgment has been paid, or if there was no money judgment and at least 7 years have passed.

Where to get help

• Your county clerk’s office: forms, filing information and court dates.
• Indiana Legal Help and local legal aid: help for eligible tenants, often before the first hearing.
• A landlord-tenant attorney: worth calling as soon as you get a notice of claim.