Facing Eviction in Indiana: What Can I Do?
This page covers eviction notices in Indiana, the court case, and what happens after. It also covers eviction records.
-
Unless your lease says otherwise, a month-to-month lease, written or oral, needs at least 30 days of advance notice to end. Either you or your landlord can give that notice.
✓ Sources checked October 3, 2026
-
Indiana Code 32-31-1-8 lists cases where a landlord needs no advance notice or notice to quit (a notice to leave). For example, a landlord can ask you to leave without advance notice if the rent has not been paid.
✓ Sources checked October 3, 2026
-
In 2024, the Indiana Court of Appeals quoted this law. A landlord may end a lease with at least 10 days notice if the tenant does not pay rent when due. The rule does not hold if you and the landlord agreed otherwise. It does not hold if you pay the rent in full before the notice period ends.
✓ Sources checked October 3, 2026
-
A lease can replace the notice for unpaid rent. In Walking With Jesus Ministries v. Alexander (2024), the lease gave a grace period (extra days to pay). The lease called that time a notice to leave. The Court of Appeals said 10 days notice was not required.
✓ Sources checked October 3, 2026
-
In Indiana, the sheriff cannot take part in an eviction without a court order first. This holds even when a landlord needs no advance notice.
✓ Sources checked October 3, 2026
-
The Indiana courts' Help with Housing page says the court should explain the pre-eviction diversion program if an eviction case is filed against you. If you and your landlord agree to take part, the case can be marked confidential and stopped for 90 days.
Indiana Judicial Branch, Help with Housing Ask the court about pre-eviction diversion Indiana Supreme Court, Order 22S-MS-308 (9/2/2022) Order 22S-MS-308, paragraph 2(a)✓ Sources checked October 3, 2026
-
Your landlord may file an eviction case. If you do not show up for court when ordered, the court may rule against you without hearing your side. Read what your landlord and the court send you.
✓ Sources checked October 3, 2026
-
Small claims courts hear some eviction cases. There, you can ask to set aside a default judgment (a decision for the plaintiff when the defendant does not come to court). File a written request within 1 year after the judgment. You must show good cause.
Indiana Supreme Court, Office of Court Services (Small Claims Manual, updated 12/23/2025) Small Claims Manual, glossary Indiana Court of Appeals, Walking With Jesus Ministries v. Alexander, 24A-EV-419 (2024) Opinion, paragraph 1✓ Sources checked October 3, 2026
-
If you are not satisfied with a small claims court's decision, you can appeal to the Indiana Court of Appeals. You must take certain action within 30 days of the small claims judgment (the court's decision).
✓ Sources checked October 3, 2026
-
A court sends the parties a notice if a landlord has done nothing to move an eviction case forward for at least 180 days. If the landlord then does not move it forward or dismiss it, you may ask the court to dismiss the case.
✓ Sources checked October 3, 2026
-
If a court dismisses an eviction case because the landlord did nothing for 180 days, it must also order that the records not be disclosed. This seals the eviction court record from the general public.
✓ Sources checked October 3, 2026
-
Starting July 1, 2025, some eviction cases can be sealed (hidden from the public). The Small Claims Manual says a tenant may file a petition (a written request) to seal the record in some cases. Examples: the case was dismissed, or it was decided in the tenant's favor. A court decision against the tenant also counts if it was overturned or vacated (set aside) on appeal. Other conditions apply, such as paying a money judgment (a court order to pay money).
✓ Sources checked October 3, 2026
Is something on this page wrong or out of date? Tell us.