If you are a tenant facing eviction in Indiana, it can be scary and complicated. You can get free legal guidance in many cases. But most tenants go to court without a lawyer.
Free Press Indiana News spoke with advocates around Indiana to understand what you should do if you’re being evicted.
📄 Eviction process
If you are behind on rent and your landlord wants to evict you, they usually must give you written notice and 10 days to pay what you owe. If you don’t, the landlord can file for eviction in court.
If your landlord files for eviction, you should receive a notice with the day and time of the first court date.
Eviction cases usually have two court hearings in Indiana. The first is often called an initial or possession hearing, and it’s when a judge decides whether you should be evicted.
The second hearing is about damages. That’s when the judge will decide if you owe the landlord money and how much.
In some cases, possession and damages will be decided at the same time.
🆘 Find legal help
Try to find legal help as soon as possible. Indiana has many groups that help tenants connect with free — or pro bono — legal help. Sometimes lawyers will represent you for free. Other times they offer brief advice.
You can find help at IndianaLegalHelp.org. The website has a calendar of events you can go to for advice. The “Get Legal Help” section allows you to enter your ZIP code or county, select the legal issue and find organizations that help people in your region.
IndianaLegalHelp.org also has a chatbot that will connect you with a staff member at one of the legal organizations helping tenants.
🏛️ Go to court
You should always go to court even if you expect to lose or you have already moved out.
If you miss the hearing, the court will likely evict you without hearing your side. If you go to court, the judge may decide you should not be evicted or they may give you more time to move out.
If you miss the damages hearing, the judge may order you to pay money to your landlord.
📝 Come prepared
Bring any evidence you have to court with you. Do not expect a judge to look at evidence on your phone. Print out photos or documents. If you do not have a printer, you can use one at a local library.
⚖️ Consider your options
You may meet with the landlord or their lawyer before you see the judge. You may be able to reach an agreement with them. But you don’t have to agree to anything you don’t understand.
You have a right to have a judge or magistrate decide your case.
🧑🏼⚖️ Tell the judge what happened
You are entitled to a hearing, but you may have to ask to see a judge.
Tell the judge the facts. If moving will be especially hard for you, tell them that too. If you can pay rent, the landlord may agree to let you stay.
You can also agree to move out voluntarily. That could help you avoid an eviction judgment and make it easier to seal the court record.
If you want to fight the eviction, tell the judge why you should get to stay. Show them any evidence you brought.
If your home had a problem — like the heat was broken — tell them about that.
📱 Make a plan
If you are facing eviction, do what you can to keep your family in your home. But at the same time, you should also try to come up with a plan for safe housing in case you are evicted.
Call 2-1-1 to find out about resources like rental assistance, rapid rehousing and shelters in your community. Look for housing at IndianaHousingNow.org.
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FPI News reporter Dylan Peers McCoy covers pressing issues throughout the state and how local communities are tackling those challenges. Reach her at 508-259-4809 or dylan.mccoy@fpinews.org.
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