Indiana Eviction Complaint (Possession of Real Estate)

COMPLAINT FOR POSSESSION OF REAL ESTATE AND DAMAGES — INDIANA

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Premises and Rental Agreement
4. Pre-Suit Notice and Termination
5. Count I — Possession of Real Estate (Ind. Code § 32-30-2)
6. Count II — Unpaid Rent
7. Count III — Holdover Damages (Ind. Code § 32-31-1-3, Double Rent)
8. Count IV — Damages to Premises Beyond Ordinary Wear and Tear
9. Affidavit of Plaintiff (Ind. Code § 32-30-2-5)
10. CARES Act Allegation
11. Servicemembers Civil Relief Act Allegation
12. Prayer for Relief
13. Verification
14. Signature and Service Blocks
15. Certificate of Service
16. Exhibit Index
17. Indiana Practice Notes
18. Sources and References

1. CAPTION

STATE OF INDIANA

COUNTY OF [____________________]

[☐ ____________ TOWNSHIP SMALL CLAIMS COURT (Marion County)
☐ [____________] CIRCUIT COURT — SMALL CLAIMS DOCKET
☐ [____________] CIRCUIT / SUPERIOR COURT — REGULAR CIVIL DOCKET]

CAUSE NO.: [________________________________]

COMPLAINT FOR POSSESSION OF REAL ESTATE AND DAMAGES

(Filed pursuant to Ind. Code §§ 32-30-2, 32-30-3, 32-31-1, and 32-31-3)

Plaintiff [LANDLORD NAME] ("Plaintiff" or "Landlord"), by counsel, complains of Defendants and alleges:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff is [☐ an individual residing in ☐ a [STATE OF FORMATION] [LLC / corporation / partnership] authorized to do business in] [COUNTY], Indiana, and is the [☐ owner ☐ landlord under written assignment of rents ☐ duly authorized property manager pursuant to a written management agreement attached as Exhibit M] of the real property described in Section 3.

2.2. Defendant [TENANT NAME] is, on information and belief, an adult resident of [COUNTY], Indiana, residing at the Premises (defined below) and is the tenant under the Rental Agreement (Exhibit B).

2.3. Additional Defendant [OCCUPANT NAME] is, on information and belief, an adult occupant of the Premises and is named pursuant to Ind. Code § 32-30-2-3 to ensure complete adjudication of possession.

2.4. Subject-matter jurisdiction. This Court has subject-matter jurisdiction pursuant to [☐ Ind. Code § 33-34-3-2 (Marion County township small claims courts; jurisdictional cap $10,000) ☐ Ind. Code § 33-29-2-4 (Circuit Court small claims docket; jurisdictional cap $8,000) ☐ Ind. Code § 33-28-1-2 (Circuit Court general civil jurisdiction) ☐ Ind. Code § 33-29-1-1.5 (Superior Court general civil jurisdiction)], and over the subject-matter of possession of real estate under Ind. Code §§ 32-30-2 and 32-30-3.

2.5. Personal jurisdiction. Defendants are subject to the personal jurisdiction of this Court because they reside in or occupy real property situated within the territorial jurisdiction of this Court.

2.6. Venue. Venue is proper in this Court pursuant to Ind. Trial R. 75(A)(2) (action involving real property — county where the real property is situated) [and Marion County Small Claims Court Local Rule LR49-AR00-127.1 (township in which property is situated)].

3. THE PREMISES AND RENTAL AGREEMENT

3.1. Premises. Plaintiff is the owner / landlord of the residential real property and improvements located at:

[STREET ADDRESS, UNIT NUMBER, CITY, INDIANA, ZIP CODE]

Tax Parcel ID: [________________________________]

Brief legal description: [________________________________]

(the "Premises").

3.2. Plaintiff's Interest. Plaintiff has a valid, subsisting interest in the Premises and a present right to possession. See Ind. Code § 32-30-2-1.

3.3. Rental Agreement. On [__/__/____], the parties entered into a [☐ written ☐ oral] rental agreement (the "Rental Agreement"), a true and correct copy of which (if written) is attached as Exhibit B. The Rental Agreement provides:

(a) Term. ☐ Fixed term from [__/__/____] to [__/__/____] ☐ Month-to-month ☐ Week-to-week.

(b) Rent. $[__________] per [☐ month ☐ week], due on the [____] day of each rental period, payable at [ADDRESS].

(c) Late Fees. ☐ Yes — $[__________] per [day after the ____ day of grace / lump sum] (Lease § [____]).

(d) Security Deposit. $[__________] received on [__/__/____].

(e) Other Material Terms. [utilities, late-fee terms, attorney-fee provisions, etc.]

3.4. Defendant [TENANT NAME] took possession of the Premises on [__/__/____] and has remained in possession at all times relevant to this Complaint.

4. PRE-SUIT NOTICE AND TERMINATION

[Use ONE of Sections 4A / 4B / 4C below depending on theory.]

4A. Nonpayment of Rent — 10-Day Notice (Ind. Code § 32-31-1-6)

4A.1. As of [__/__/____], Defendant [TENANT NAME] was in default in payment of rent in the amount of $[__________], comprising:

4A.2. On [__/__/____], Plaintiff served Defendant with a written Ten (10) Day Notice to Pay Rent or Quit in compliance with Ind. Code §§ 32-31-1-6 and 32-31-1-7, a true and correct copy of which is attached as Exhibit A.

4A.3. The Notice was served by [☐ personal delivery ☐ posting and certified mail ☐ posting and first-class mail ☐ all of the foregoing] consistent with Ind. Code § 32-31-1-8.

4A.4. The Notice period expired on [__/__/____]. Defendant has neither paid the past-due rent nor surrendered possession of the Premises.

4B. Breach of Lease — Cure or Quit Notice

4B.1. Defendant has materially breached the Rental Agreement and the obligations imposed by Ind. Code § 32-31-7-5 by [describe breach with specificity].

4B.2. On [__/__/____], Plaintiff served Defendant with a written Notice to Cure or Quit, a true and correct copy of which is attached as Exhibit A.

4B.3. The cure period of [____] days expired on [__/__/____]. Defendant has neither cured the breach nor surrendered possession.

4C. Termination of Periodic Tenancy — No Cause

4C.1. Defendant occupies the Premises under a [☐ tenancy at will / month-to-month ☐ tenancy from year to year ☐ holdover periodic tenancy].

4C.2. On [__/__/____], Plaintiff served Defendant with a written Notice of Termination consistent with [☐ Ind. Code § 32-31-1-1 (one month) ☐ Ind. Code § 32-31-1-2 (three months)], a true and correct copy of which is attached as Exhibit A.

4C.3. The Termination Date of [__/__/____] has passed. Defendant has not surrendered possession and is now wrongfully holding over.

5. COUNT I — POSSESSION OF REAL ESTATE (Ind. Code § 32-30-2)

5.1. Plaintiff incorporates paragraphs 1.1 through 4 above as if fully set forth.

5.2. Pursuant to Ind. Code § 32-30-2-4, Plaintiff alleges:

(a) Plaintiff is entitled to the possession of the Premises;

(b) The Premises are described in Section 3.1 above;

(c) Plaintiff's interest in the Premises is fee simple ownership / valid right to possession as landlord;

(d) Defendants unlawfully keep Plaintiff from possession of the Premises.

5.3. Plaintiff is entitled to immediate possession of the Premises.

5.4. [Optional — Immediate Possession.] Plaintiff further requests an order to appear and show cause and a hearing under Ind. Code § 32-30-3-2, to be held no earlier than five (5) business days after service on Defendants, at which Plaintiff will demonstrate that Plaintiff has a reasonable probability of success on the merits and is entitled to a preliminary order of possession under Ind. Code § 32-30-3-3.

6. COUNT II — UNPAID RENT

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant [TENANT NAME] owes Plaintiff unpaid rent and lease-defined charges in the amount of $[__________] as of the date of filing, computed as follows:

6.3. Plaintiff is entitled to judgment in the amount above, plus rent accruing through the date of judgment at the per-diem rate of $[__________] ($[__________] ÷ 30).

7. COUNT III — HOLDOVER DAMAGES (Ind. Code § 32-31-1-3, Double Rent)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Pursuant to Ind. Code § 32-31-1-3, a tenant who refuses or neglects to surrender possession after the termination of a tenancy "is liable to the landlord for liquidated damages at a rate equal to twice the amount of the rent for the time the tenant holds over."

7.3. Defendant has refused to surrender possession after the Termination Date of [__/__/____]. Defendant is therefore liable for double the per-diem rent for each day of holdover, calculated at $[__________] per day from [__/__/____] through the date of restitution of possession.

8. COUNT IV — DAMAGES TO PREMISES BEYOND ORDINARY WEAR AND TEAR

8.1. Plaintiff incorporates the preceding paragraphs.

8.2. Defendant has caused damage to the Premises beyond ordinary wear and tear, in violation of Ind. Code § 32-31-7-5(5) and Lease § [____], particularized as follows: [itemize].

8.3. The reasonable cost of repair is $[__________], supported by the invoices and estimates attached as Exhibit C.

8.4. Plaintiff is entitled to apply Defendant's security deposit of $[__________] toward such damages pursuant to Ind. Code § 32-31-3-13, with itemization to be provided within forty-five (45) days of termination of occupancy under § 32-31-3-14, and Plaintiff seeks judgment for any deficiency.

9. AFFIDAVIT OF PLAINTIFF (Ind. Code § 32-30-2-5)

I, [LANDLORD NAME / AFFIANT], being first duly sworn, depose and state under penalty of perjury under the laws of the State of Indiana that:

9.1. I am the [Plaintiff / authorized agent / property manager] in the above-captioned matter and have personal knowledge of the facts stated herein.

9.2. Plaintiff is entitled to possession of the property described in the Complaint.

9.3. Defendants have unlawfully retained possession of the property.

9.4. The estimated value of the property is $[__________].

9.5. The estimated rental value of the property is $[__________] per month.

9.6. The rental agreement was breached / terminated as set forth in the Complaint.

9.7. The amount of rent and other lease charges past due is $[__________], with damages continuing to accrue.

Affiant: [________________________________]

Date: [__/__/____]

STATE OF INDIANA, COUNTY OF [____________________], ss:

Subscribed and sworn to before me this [____] day of [MONTH], [YEAR].

Notary Public: [________________________________]

Commission expires: [__/__/____]

10. CARES ACT ALLEGATION

10.1. [Use ONE of the following.]

☐ (a) Property is NOT a covered dwelling. The Premises are not subject to the federal Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") notice requirements, 15 U.S.C. § 9058, because: (i) Plaintiff is not a participant in any covered federal housing program enumerated in the Violence Against Women Act of 1994, 34 U.S.C. § 12491(a)(3); and (ii) the Premises are not encumbered by a federally backed mortgage loan within the meaning of 15 U.S.C. § 9058(a).

☐ (b) Property IS a covered dwelling — 30-day notice given. The Premises are a "covered dwelling" within the meaning of 15 U.S.C. § 9058(a), and Plaintiff served Defendants with a 30-day notice to vacate consistent with § 9058(c) on [__/__/____], attached as Exhibit D.

11. SERVICEMEMBERS CIVIL RELIEF ACT ALLEGATION

11.1. On information and belief, no Defendant is a current member of the United States military on active duty, and the protections of the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq. (including § 3951 restricting eviction during military service), do not apply. A Department of Defense Manpower Data Center search affidavit is attached as Exhibit E.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants and for the following relief:

A. Possession. An order and writ of restitution awarding Plaintiff immediate possession of the Premises and directing the Sheriff to restore possession to Plaintiff;

B. Unpaid Rent. Judgment in the amount of $[__________] for unpaid rent and lease-defined charges, plus rent accruing through the date of judgment;

C. Holdover Damages. Judgment for double rent under Ind. Code § 32-31-1-3 for the period of holdover, at $[__________] per day;

D. Property Damages. Judgment for damages to the Premises in the amount of $[__________] (subject to credit for the security deposit);

E. Costs. Costs of this action, including filing fee, service fees, and Sheriff's writ-of-restitution fee;

F. Attorney Fees. Reasonable attorney fees as authorized by Lease § [____] [and/or applicable statute];

G. Pre- and Post-Judgment Interest. Interest on the money judgment at the statutory rate of 8% per annum (Ind. Code § 24-4.6-1-101);

H. Other Relief. Such other and further relief as the Court deems just and proper.

13. VERIFICATION

I, [LANDLORD NAME / AUTHORIZED AGENT], having read the foregoing Complaint, declare under penalty of perjury under the laws of the State of Indiana that the matters of fact alleged therein are true and correct to the best of my knowledge and belief.

Signature: [________________________________]

Date: [__/__/____]

14. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted,

[ATTORNEY NAME], Attorney No. [__________]

[LAW FIRM NAME]

[ADDRESS]

[CITY, IN ZIP]

Telephone: [________________________________]

Email: [________________________________]

Attorney for Plaintiff

15. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and complete copy of the foregoing Complaint, with all exhibits, to be served on Defendant(s) by:

☐ Sheriff's service of process pursuant to Ind. Trial R. 4.

☐ Certified mail, return receipt requested, pursuant to Ind. Trial R. 4.1(A)(1).

☐ Posting of summons and complaint on the door of the Premises with copy mailed by first-class mail pursuant to Small Claims Rule 2(D).

☐ Indiana e-filing system (IEFS) on counsel of record (if Defendant is represented).

Signature: [________________________________]

16. EXHIBIT INDEX

• Exhibit A — Pre-suit notice (10-day pay-or-quit / cure-or-quit / termination) and proof of service.
• Exhibit B — Rental Agreement / Lease.
• Exhibit C — Property-damage invoices / estimates / photographs.
• Exhibit D — CARES Act 30-day notice (if applicable).
• Exhibit E — DOD Manpower Data Center SCRA search affidavit.
• Exhibit F — Rent ledger / payment history.
• Exhibit G — Move-in inspection checklist (if relevant).
• Exhibit M — Property-management agreement (if Plaintiff acts through manager).

17. INDIANA PRACTICE NOTES

17.1. Choose forum carefully. In Marion County, township small-claims courts are the dominant venue but money damages are capped at $10,000. In other counties, the Circuit Court small-claims docket caps damages at $8,000. For larger claims (commercial leases, large damages), file in the regular civil docket as ejectment under § 32-30-2.

17.2. Possessory-only filings. Possession can always be sought regardless of money cap; the cap limits only the money judgment amount.

17.3. Immediate possession (§ 32-30-3). This is an "emergency" procedure with a minimum 5-business-day hearing on an order to show cause, often used when the property is at risk of harm. The standard for the preliminary order is "reasonable probability" that Plaintiff is entitled to possession (§ 32-30-3-3). The defendant may seek an expedited hearing on 48 hours' notice.

17.4. Eviction-record sealing — Ind. Code § 32-31-11. A dismissal, judgment for the tenant, or full satisfaction of money judgment triggers sealing rights. Plaintiffs filing weak cases face the risk that their records will be unavailable for tenant screening.

17.5. Plead the predicate notice with specificity. Most Indiana eviction dismissals turn on (a) wrong notice period, (b) defective service, (c) no proof of receipt, (d) demand for non-rent amounts in a 10-day notice, or (e) acceptance of partial rent that waived the notice. Each is a fact issue best addressed in the complaint itself.

17.6. Marion County township courts use mandatory forms. Each township small-claims court publishes its own "Notice of Claim for Possession of Real Estate" and "Affidavit of Debt" forms. When filing in Marion County, USE the township-specific forms; the substance of this template is adapted into them.

17.7. Eviction diversion programs. Marion County's Indianapolis Eviction Diversion (operated jointly by the township small-claims courts and Indiana Bar Foundation) automatically refers eligible cases. Other Indiana counties have similar programs.

17.8. Anti-retaliation defense. Anticipate the § 32-31-8.5-5 defense if the tenant has recently complained to a code-enforcement agency, demanded repairs in writing, sued under § 32-31-8, joined a tenants' organization, or testified against the landlord.

17.9. Implied warranty of habitability — § 32-31-8-5. Tenants increasingly raise defective-habitability counterclaims and rent-abatement set-off defenses. Be prepared to prove (a) tenant gave written notice and a reasonable opportunity to cure, OR (b) the alleged defect did not exist, OR (c) was caused by tenant. Indiana common-law habitability (Theiss v. Weiss, 166 Ind. App. 244 (1975); cf. Breezewood Mgmt. Co. v. Maltbie, 411 N.E.2d 670 (Ind. Ct. App. 1980)) supplements the statute.

17.10. Attorney fees. Indiana follows the American Rule. Attorney fees are recoverable only by contract or statute. Most modern leases include a one-way or two-way attorney-fee clause; under one-way clauses, Ind. Code § 34-52-1-1 typically converts the clause to reciprocal.

18. SOURCES AND REFERENCES

• Ind. Code § 32-30-2 — Ejectment and Quiet Title. https://iga.in.gov/laws/indiana-code/title-32
• Ind. Code § 32-30-2-4 — Required contents of complaint.
• Ind. Code § 32-30-2-5 — Affidavit; estimated value.
• Ind. Code § 32-30-3 — Immediate possession.
• Ind. Code § 32-30-3-2 — Order to appear; minimum 5 business days.
• Ind. Code § 32-30-3-3 — Preliminary order for possession.
• Ind. Code § 32-31-1-1 to -8 — Notice and termination provisions.
• Ind. Code § 32-31-3-12 to -14 — Security deposit.
• Ind. Code § 32-31-7-5 — Tenant obligations.
• Ind. Code § 32-31-8-5 — Implied warranty of habitability.
• Ind. Code § 32-31-8.5-4, -5 — Retaliatory acts.
• Ind. Code § 32-31-9 — DV / sexual-assault / stalking survivor rights.
• Ind. Code § 32-31-11-3 — Eviction record sealing.
• Ind. Code § 33-29-2-4 — Circuit Court small claims.
• Ind. Code § 33-34 — Marion County township small claims.
• Ind. Code § 24-4.6-1-101 — Statutory interest 8%.
• Ind. Code § 34-52-1-1 — Attorney fees / one-way fee clause reciprocity.
• Ind. Trial Rules 4, 4.1, 5, 6, 8, 10, 11, 75. https://rules.incourts.gov/Content/trial/default.htm
• Indiana Small Claims Rules 2 (notice of claim); 4 (notice of hearing); 8 (trial). https://rules.incourts.gov/Content/smcl/default.htm
• Marion County Small Claims Local Rules. https://smallclaims.lawtwp.org/
• 15 U.S.C. § 9058 — CARES Act.
• 50 U.S.C. § 3901 et seq. — Servicemembers Civil Relief Act.
• 42 U.S.C. § 3604 — federal Fair Housing Act.

END OF COMPLAINT