Indiana Eviction Defense: Tenant Rights & Delaying Eviction

Indiana law requires landlords to give you proper notice before filing for eviction, and different situations require different types of notices. Understanding which notice you received helps you know how much time you have and what options may be available.

Important details about notices:

- The 10-day notice for unpaid rent starts counting from when you receive it, not when it's sent

- "Reasonable period" for lease violations depends on what needs to be fixed and your circumstances

- Notices must clearly state what you owe or what violation needs to be corrected

- Wrong information or improper service can make a notice invalid

If you think your notice has errors or wasn't properly served, this could be important for your defense.

Understanding how to count deadlines is crucial because missing them can hurt your case. Indiana law uses different counting methods depending on the type of notice:

Calendar days include all days of the week, including weekends and holidays. Most Indiana eviction notices use calendar days.

Business days skip weekends and holidays. This mainly applies to court procedures rather than notice periods.

Mailing time may need to be added if the law requires it for the specific type of notice.

Example: If you receive a 10-day pay or quit notice on Friday, the deadline would be Monday of the following week (counting Saturday and Sunday as days 1 and 2).

Critical tip: When in doubt about deadlines, count carefully and consider getting help to make sure you don't miss important dates.

Here's what typically happens in an Indiana eviction case:

Critical protections:

- Landlords cannot lock you out, shut off utilities, or remove your belongings without a court order

- You have the right to a court hearing before being forced to move

- Even after losing in court, you get at least 48 hours notice before physical removal

Indiana law provides several important protections for tenants facing eviction:

Right to proper court process: Your landlord cannot evict you without going through the courts. Self-help evictions (changing locks, shutting off utilities, removing your belongings) are illegal under Indiana Code Section 32-31-5-6.

Right to safe, habitable housing: Landlords must maintain properties according to local health and housing codes. This includes working utilities, heat, plumbing, and safe electrical systems.

Protection from retaliation: Landlords cannot evict you for complaining about housing conditions, joining tenant organizations, or exercising your legal rights.

Right to due process: You have the right to receive proper notice of court hearings, present your side of the story, and have legal representation if you choose.

Right to challenge the eviction: You can raise defenses such as improper notice, landlord violations, discrimination, or retaliation.

New protections for eviction records: Recent changes in Indiana law (effective May 2025) provide opportunities to have eviction records expunged in certain situations, especially if you pay any money judgment or if enough time passes.

If you're facing eviction, you may have several options to delay the process or challenge the case. These should be considered carefully with help from legal professionals:

Challenge notice problems: If your eviction notice has errors, wasn't properly served, or didn't give you enough time, you may be able to get the case dismissed.

Request more time from the court: Courts sometimes grant continuances or stays when tenants need additional time to prepare their defense, find legal help, or address the underlying issues.

Apply for rental assistance: Many programs exist to help pay back rent or ongoing housing costs. Even applying for assistance might provide additional time.

Raise defenses: You might have legal defenses such as landlord retaliation, housing code violations, discrimination, or failure to follow proper procedures.

Seek emergency relief: If your landlord illegally locks you out or shuts off utilities, you can ask for emergency court orders to be restored to your home within days.

Negotiate with your landlord: Sometimes landlords are willing to work out payment plans or give you more time to move voluntarily to avoid court costs.

File counterclaims: If your landlord has violated your rights or failed to maintain the property, you might be able to file claims against them as part of the eviction case.

Remember: These options work best when pursued early in the process, and having legal guidance can significantly improve your chances of success.

Don't face eviction alone. Help is available:

Eviction Support Now – Specializes in helping tenants understand eviction notices, court procedures, and legal options for delaying eviction.

Other Resources:

- Indiana Legal Services – Provides free legal help to qualifying low-income residents facing housing issues

- 211 Helpline – Dial 2-1-1 for information about local rental assistance, legal aid, and social services

- Local Legal Aid Organizations – Many counties have legal aid offices that provide free or low-cost help with housing cases

- State Bar of Indiana Lawyer Referral Service – Can help you find private attorneys who handle landlord-tenant cases

- Court Self-Help Centers – Many courts have resources to help people represent themselves, including forms and basic guidance

- Local Rental Assistance Programs – Community organizations and government agencies may have emergency funds to help with rent or utilities

If you're facing eviction, here's what to do:

1. Identify your notice type – Figure out exactly what kind of notice you received and when your deadline is

2. Count your deadline carefully – Make sure you understand exactly when you need to respond or take action

3. Learn your rights – Understand what protections Indiana law provides in your situation

4. Get help early – Contact legal aid, tenant organizations, or other support services as soon as possible

5. Document everything – Keep copies of all notices, communications, and evidence related to your housing situation

6. Show up to court – If you receive court papers, appear at your hearing even if you don't have a lawyer

7. Explore all options – Consider rental assistance, legal defenses, negotiation, and other available strategies

County variations: Some counties may have slightly different procedures or local programs. Check with your local court clerk about specific requirements in your area.

Sheriff procedures: Each county sheriff's office has specific procedures for carrying out evictions. They must give you at least 48 hours notice before physical removal.

Recent law changes: Indiana passed new eviction record expungement laws in May 2025. These may help you get eviction records removed from your background if you satisfy any money judgment or meet other requirements.

Local assistance programs: Many communities have rental assistance programs, mediation services, or special housing courts that may provide additional options.

Facing eviction is stressful, but understanding your rights under Indiana law gives you important tools and options. The key is acting quickly and getting appropriate help. Many tenants have successfully delayed evictions, negotiated better outcomes, or successfully defended against improper eviction attempts by understanding the legal process and using available resources.

Remember that every day counts when you're facing eviction. Don't wait to seek help or explore your options.

Need help delaying your eviction?

If you're facing eviction in Indiana, time is critical. Get step-by-step guidance on understanding your notice, knowing your rights, and exploring legal options to delay or challenge your eviction.

Start Now with Eviction Support Now.