Eviction Frequently Asked Questions

Eviction in Indiana has two parts: possession hearing and damages hearing.

The possession hearing is first and is when the court decides if the tenant has to move out.

The damages hearing is second, often at a later date. This is when the court decides if either party owes money for rent or damages.

Don’t Miss Court

• Even if you know you are likely to lose, it is better to go to court to tell your side of the story. It can be worse to miss court than to show up in person and lose.

Seek Help Sooner Rather than Later

• The eviction process moves very quickly. If you know you will miss a bill or a rent payment, reach out to the landlord, utility service, legal aid provider, or other relevant service providers to get help before the issue gets worse.

Document

• Communicate through written methods whenever possible and record important phone calls if the other person won’t communicate through writing. Save all emails and texts. Get receipts, especially for large payments like rent. Keep a log of important events or issues.

Show Up Prepared

•  It is likely that you will not be able to use your phone or tablet to show pictures, texts, or emails when you are in court. Make sure you have paper copies of any evidence or documents you may need for your case. Bring 3 copies: one for yourself, one for the other party, and one for the court.

Stay Calm and Tell the Truth

• Judges are professional lie detectors. Even if your truth is ugly, sharing it will help the court to understand you and trust your story. Don’t make excuses and stay calm even if you think things aren’t going your way.

10 Day Notice or Notice to Quit

• If a tenant doesn’t pay rent when it’s due or violates the lease in some other way, a landlord can end the lease. The landlord can end the lease after giving at least 10 days notice to the tenant unless:

1. the parties agree to end the lease or
2. the tenant pays the rent due in full, or fixes the other issue, within those 10 days. The landlord can’t end the lease if the rent is paid during those 10 days.

Service

• Everyone in the case has a right to service, which is getting copies of everything filed in the case. This helps everyone know that legal action has been taken and gives information on the time and place of court hearings. If you are a tenant, service will likely be sent to your rental address unless you have moved and given a new address to your landlord or the court.

Pro Se or Self-Represented Litigant

• A person representing themself in court without an attorney is participating pro se.

Designated Representative

• A person who does not own the rental unit in question but is legally allowed to represent the owner during an eviction hearing, often a property manager.

Continuance

• This is when the court reschedules your hearing. Any person can request a continuance for many reasons, including for conflicts with work, childcare, or to find an attorney.

Possession

• When a landlord and tenant sign a lease, the landlord gives possession of the rental property to the tenant based on the terms of their lease. When a landlord files an eviction case, they’re asking the court to take possession from the tenant and give it back to the landlord.

During the eviction process, the landlord is trying to take possession of the property due to a violation of the lease agreement (ex. nonpayment of rent, having pets when it isn’t allowed, etc.). This hearing is where the court will decide who should possess the rental unit based on the terms of the lease between the parties. Tenants do not have the right to stop paying rent in Indiana, and failing to pay rent is the most common reason for eviction.

Be Sure to Mention…

• if you think the eviction was filed because you requested repairs or called code enforcement.
• rental assistance applications or money you expect to get from others.
• if the landlord has accepted partial payments since the eviction was filed.
• if you are willing to move out and need time to get out of the unit.

There are Two Types of Possession:

Final is the most common. If the reason for the eviction is for not paying rent, this is the most likely outcome (unless the parties come to an agreement). The court will set a date for when the tenant will need to return possession to the landlord. This date depends on the court but is typically two to three weeks away. The tenant must be out of the unit by the date set by the court.

Immediate allows the landlord to take back their property shortly after a possession hearing. To get immediate possession, a landlord must pay money to the court. The amount of money paid is set by the court or landlord. This money is held by the court just in case the court later decides the tenant should not have been evicted. Tenants can also pay the same amount of money to the court to stay in the property until the court makes a decision during the damages hearing.

Default Judgment

• If you don’t show up to your hearing the court can rule against you without hearing your side of the story.

Small Claims Maximum

• The most money someone can win in small claims court is $10,000. If you don’t go to your damages hearing, it is possible you can owe up to $10,000.

Bond

• Money paid by the landlord and held by the court just in case the court later decides the tenant should not have been evicted

Pro Se or Self-Represented Litigant

• A person representing themself in court without an attorney is participating pro se.

Designated Representative

• A person who does not own the rental unit in question but is legally allowed to represent the owner during an eviction hearing, often a property manager.

Continuance

• This is when the court reschedules your hearing. Any person can request a continuance for many reasons, including for conflicts with work, childcare, or to find an attorney.

Eviction Sealing

• Tenants who have one or more evictions on their record may struggle to find housing options and may want past evictions hidden from the public so they won’t hurt your chances at renting in the future. If you don’t show up to your hearings, you may not be able to have those evictions sealed.

The damages hearing is the second part of the eviction process, where the court decides if either party owes money for rent or damages.

Examples of Damages

The landlord might be owed:

• Back rent or utilities
• Damage to property
• Service fees
• Late fees

The tenant might be owed:

• Overpaid rent
• Cost of necessary repairs
• Hotel stays or medical bills associated with issues in the unit.

Be Sure to Mention…

• any incorrect deductions or fees.
• overpayment of rent.
• issues with the unit.
• repairs made on behalf of the landlord to maintain a safe home.
• costs paid due to poor living conditions in the unit.

Bring paper printouts of anything you want the court to see. This includes receipts, emails, texts, photos, or anything else that would help a judge make a decision.