Eviction in Indiana refers to the court‑driven process a landlord must use to legally remove a tenant from a rental property. Importantly, eviction is not something a landlord can carry out on their own. Indiana’s eviction framework is established in Indiana Code Title 32, Article 31. That law outlines when a tenant may be removed and the steps a landlord must follow to begin the case.
These laws ensure that eviction happens only through the judicial system, not through self‑help actions.
Under Indiana law, eviction is defined as a formal legal action that requires proper notice, a filed complaint, and a hearing before a judge. The procedures for residential eviction cases are detailed in Indiana Code 32‑31‑10.
That law explains how notices must be delivered, how the case proceeds in court, and what rights both the landlord and the tenant have during the process. Because these rules can be technical, many people choose to set up a legal consultation in Indiana in order to avoid errors that could delay the eviction case.
If a landlord attempts to force a tenant out without following the statutory process, such as by locking them out, removing their belongings, or cutting utilities, then the tenant may be able to file a wrongful eviction lawsuit. Indiana’s statutes, including IC 32‑31‑10, protect tenants from unlawful removal and provide remedies when a landlord bypasses the legal system.
Anyone facing an eviction dispute may benefit from speaking with an Indiana lawyer. They can help protect their rights and guide them through the legal requirements necessary in an eviction case. They will also be able to represent them at any in-person proceeding.
What Does the Eviction Process Involve in Indiana?
As noted above, the eviction process in Indiana is a court-supervised procedure that begins only after a landlord provides the legally required notice and then files an eviction case if the tenant does not comply.
After the eviction is initially filed, the court will then issue a summons directing the tenant to appear in court. At the hearing, both sides can present evidence, and the judge decides whether the landlord is entitled to possession of the property. Because eviction is strictly regulated, landlords must follow each step precisely to avoid delays or dismissal.
If the tenant does not appear in court after being properly served, the judge may issue a default judgment, granting the landlord possession without hearing the tenant’s side. If the landlord wins, the court will issue an order allowing the sheriff to remove the tenant if they do not leave voluntarily.
The general steps of the Indiana eviction process include:
- Serving the tenant with the proper written notice
- Filing the eviction case with the court
- Issuance of a summons requiring the tenant to appear
- Court hearing and presentation of evidence
- Possible default judgment if the tenant fails to appear
- Court order for possession and sheriff enforcement if needed
Is Eviction a Civil Case in Indiana?
Yes, eviction is handled as a civil matter in Indiana. When a landlord seeks to remove a tenant, they must file a civil action, often called a “possession” or “eviction” case, in the appropriate trial court.
Importantly, an eviction is treated like any other civil lawsuit, meaning the landlord must present evidence, the tenant has the right to respond, and a judge ultimately decides whether the landlord is entitled to regain possession of the property. Because it is a civil proceeding, the rules of notice, service, and courtroom procedure all apply.
Even though eviction is a civil case, it moves more quickly than many other civil actions because Indiana law provides for an expedited process for resolving possession issues. The court focuses first on whether or not the landlord is entitled to legally regain the property.
Then, any claims for unpaid rent or damages may be addressed at the same hearing or in a later civil judgment. Since the process is formal and legally binding, both landlords and tenants often seek legal guidance in order to ensure their rights are protected throughout the case.
What Is Wrongful Eviction?
Wrongful eviction in Indiana occurs when a landlord removes or attempts to remove a tenant without following the legal eviction process. Actions such as lockouts, shutting off utilities, removing belongings, or threatening a tenant to force them out are considered self-help evictions, and they are illegal under Indiana law.
A landlord may also commit wrongful eviction if they try to force a tenant out for reporting code violations or requesting repairs. These are known as retaliatory evictions, and courts generally prohibit them because they undermine tenant rights and the implied warranty of habitability.
Wrongful eviction can also arise when a landlord targets a tenant based on protected characteristics such as race, religion, sex, disability, or familial status. Evicting or attempting to evict someone because of these factors may constitute unlawful discrimination under federal and state fair housing laws.
When any of these improper actions occur, the tenant may have legal grounds to seek damages, restore possession, or pursue other remedies through the courts. In such cases, it is recommended to meet with an attorney who can help you determine the proper course of legal action.
What Are Some Examples of Wrongful Eviction?
As noted above, wrongful eviction in Indiana happens when a landlord forces a tenant out through illegal or improper means rather than using the court required eviction process. Common examples include situations where the landlord bypasses legal procedures, violates tenant rights, or acts in retaliation.
Examples of common forms of wrongful eviction include:
- Locking a tenant out without a court order
- Shutting off utilities to pressure the tenant to leave
- Removing or destroying the tenant’s belongings
- Threatening or harassing the tenant to force them out
- Retaliating after the tenant requests repairs or reports code violations
- Attempting eviction based on unlawful discrimination
How Can Someone Sue a Landlord for Illegal Eviction in Indiana?
A tenant can sue a landlord for illegal eviction in Indiana by filing a civil claim in the local trial court after documenting the unlawful actions, such as lockouts, utility shutoffs, or removal of belongings. The tenant must show that the landlord used self‑help methods instead of the required court eviction process.
They can then request legal remedies such as monetary damages, restoration of possession, or compensation for losses caused by the landlord’s conduct. At this stage, many tenants choose to consult an attorney to help them gather evidence, prepare filings, and navigate the legal process in the most effective manner.
In Indiana, What Types of Damages Can a Tenant Recover in a Wrongful Eviction Lawsuit?
In Indiana, a tenant who proves wrongful eviction may recover several types of damages, including compensation for lost or damaged personal property, the cost of temporary housing, and any financial losses directly caused by the landlord’s illegal actions.
Courts may also award additional damages for emotional distress, inconvenience, or harm resulting from lockouts, utility shutoffs, or other unlawful conduct. In some cases, tenants can seek attorney’s fees or punitive damages when the landlord’s behavior is especially reckless or intentional.
Are There Any Defenses To Wrongful Eviction Lawsuits?
Yes, landlords in Indiana can raise several different legal defenses to a wrongful eviction claim, depending on the circumstances. A common defense is that the landlord followed the proper statutory eviction process as outlined in Indiana Code 32‑31‑6 and 32‑31‑10, including giving valid notice and obtaining a court order before removing the tenant.
A landlord may also argue that the tenant materially breached the lease, that the tenant abandoned the property, or that the actions taken were necessary to protect health or safety as permitted under Indiana law. When these defenses are supported by evidence, they can limit or defeat a tenant’s wrongful eviction claim.
Should I Talk to an Indiana Lawyer for Any Issues With a Wrongful Eviction Case?
As can be seen, eviction cases often involve an expedited civil process, and can become increasingly complicated. As such, if you are involved in an eviction matter, it is recommended to meet with an experienced Indiana landlord tenant lawyer.
LegalMatch can assist you in locating an attorney who can explain your legal rights, evaluate whether or not the landlord’s actions amount to wrongful eviction, and help guide you through the steps needed to protect your interests.
They can also help you gather evidence, understand available legal remedies, and navigate the court system, which is especially important when dealing with issues like lockouts, utility shutoffs, or other unlawful conduct by a landlord. Finally, they can also represent you at any in-person proceedings, as needed.
