Eviction Notice and Possession (Ejectment) Complaint Package

EVICTION NOTICE AND POSSESSION COMPLAINT PACKAGE — INDIANA

TABLE OF CONTENTS

1. Part A — Notice to Quit
2. Part B — Complaint for Possession of Real Estate and Damages
3. Part C — Summons
4. Part D — Affidavit of Service of Notice
5. Indiana Practice Notes
6. Pre-Filing Checklist
7. Sources and References

PART A — NOTICE TO QUIT

A-1. Ten-Day Notice to Quit — Failure to Pay Rent (Ind. Code § 32-31-1-7)

TO: [TENANT FULL LEGAL NAME(S)] and all other occupants

PREMISES: [________________________________] (street address, unit, city, [____________] County, Indiana, ZIP)

FROM: [LANDLORD FULL LEGAL NAME], [LANDLORD MAILING ADDRESS]

DATE OF NOTICE: [__/__/____]

You are notified to vacate the following property not more than TEN (10) DAYS after you receive this notice unless you pay the rent due on the property within ten (10) days:

Description of property: [________________________________]

Rent due and demanded:

Payment instructions / where to tender: [________________________________]

If you do not pay the full amount or vacate within ten (10) days after receipt of this notice, the landlord will commence a civil action for possession of the premises, unpaid rent, late fees, damages, costs, and attorney's fees as authorized by the lease and Indiana law.

Landlord signature: [________________________________]
Print name and title: [________________________________]
Date: [__/__/____]

A-2. Notice of Lease Violation — Reasonable Cure or Quit

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

You are in violation of the rental agreement for the Premises in the following respect(s):

[________________________________]

You are hereby given [____] days (a reasonable period under the rental agreement and the circumstances) from receipt of this notice to:

☐ Cure the violation in the following manner: [____________]
☐ Vacate and surrender possession of the Premises

If you do not cure or vacate within the period stated, the landlord will file a possession action in court.

Landlord signature: [________________________________] Date: [__/__/____]

A-3. One-Month Notice — Termination of Periodic (Month-to-Month) Tenancy

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

Pursuant to Ind. Code § 32-31-1-1, your month-to-month tenancy at the above-described Premises is terminated effective [__/__/____], which is not less than one (1) month after receipt of this notice and falls on a rent-paying date.

You must vacate and surrender possession of the Premises on or before that date.

Landlord signature: [________________________________] Date: [__/__/____]

Service of Notice (All Forms)

☐ Personal delivery to tenant
☐ Leaving with a person of suitable age and discretion at the premises
☐ Posting on the main entrance AND first-class mail to tenant
☐ Certified mail, return receipt requested, tracking number [____________]

Method used: [________________________________]
Date and time of service: [__/__/____] at [____]
Server name and signature: [________________________________]

PART B — COMPLAINT FOR POSSESSION OF REAL ESTATE AND DAMAGES

Caption

STATE OF INDIANA

IN THE [☐ SUPERIOR ☐ CIRCUIT ☐ SMALL CLAIMS] COURT OF [____________] COUNTY

Cause No. [________________________________]

COMPLAINT FOR POSSESSION OF REAL ESTATE, UNPAID RENT, AND DAMAGES
(Ind. Code § 32-30-2; Ind. Code § 32-30-3; Ind. Code § 32-31)

1. Parties

1.1 Plaintiff [LANDLORD NAME], an ☐ individual ☐ Indiana [entity type] with principal place of business at [____________], is the ☐ owner ☐ authorized agent of the Premises.

1.2 Defendant [TENANT NAME] is the tenant in possession pursuant to a ☐ written ☐ oral rental agreement dated [__/__/____].

1.3 Other adult occupants known to Plaintiff: [____________].

2. Jurisdiction and Venue

2.1 This Court has subject-matter jurisdiction over actions for possession of real estate and damages pursuant to Ind. Code §§ 32-30-2-1 and 32-30-3-1.

2.2 Venue is preferred in [____________] County because the Premises are located in this County. Ind. Trial Rule 75(A)(2).

3. The Premises

3.1 The Premises are located at: [________________________________].

3.2 Legal description (if available): [____________].

4. Tenancy and Rental Terms

4.1 Monthly rent: $[________], due on the [____] day of each month.

4.2 Security deposit held: $[________].

4.3 Lease term: ☐ Month-to-month ☐ Fixed term from [__/__/____] to [__/__/____].

4.4 The rental agreement is ☐ attached as Exhibit A ☐ oral and described in paragraph 4.5.

4.5 [If oral:] The material terms of the oral rental agreement are: [____________].

5. Grounds for Possession

(Select all that apply.)

☐ 5.1 Nonpayment of rent. Defendant has failed to pay rent in the amount of $[________] for the period [__/__/____] through [__/__/____].

☐ 5.2 Lease violation. Defendant has violated the rental agreement as follows: [____________].

☐ 5.3 Holdover after lease expiration / termination of tenancy. The tenancy expired or was terminated on [__/__/____] and Defendant has unlawfully held over.

☐ 5.4 Damage / waste to the Premises. [Describe: ____________]

☐ 5.5 Other ground permitted by statute or lease: [____________]

6. Pre-Suit Notice

6.1 On [__/__/____], Plaintiff served Defendant with a written notice to quit (attached as Exhibit B) pursuant to ☐ Ind. Code § 32-31-1-7 (10-day pay or quit) ☐ Ind. Code § 32-31-1-1 (1-month notice) ☐ reasonable notice ☐ no notice required under Ind. Code § 32-31-1-8.

6.2 Method of service: [____________].

6.3 The notice period has expired and Defendant has failed to cure and/or vacate.

7. Damages

Plaintiff also seeks rent and damages accruing through judgment and possession.

8. Emergency Possessory Order (Optional)

☐ Plaintiff requests an emergency possessory order pursuant to Ind. Code § 32-30-3-1 for an immediate hearing because: [____________].

9. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that the Court:

(a) Order immediate possession of the Premises to Plaintiff;
(b) Enter judgment for Plaintiff for unpaid rent, damages, late fees, court costs, and attorney's fees as set forth in paragraph 7;
(c) Issue an order of possession / writ of assistance directing the sheriff to remove Defendant and place Plaintiff in possession;
(d) Award post-judgment interest and any further rent or damages accruing through judgment; and
(e) Grant such other relief as the Court deems just and proper.

10. Verification

I, [LANDLORD / AGENT NAME], affirm under the penalties for perjury that the foregoing representations are true to the best of my knowledge and belief.

Signature: [________________________________]
Print name and title: [________________________________]
Date: [__/__/____]

11. Attorney Signature Block (if represented)

[ATTORNEY NAME], Atty No. [________]
[LAW FIRM]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff

PART C — SUMMONS

STATE OF INDIANA

IN THE [____________] COURT OF [____________] COUNTY

Cause No. [________________________________]

SUMMONS

TO DEFENDANT: [DEFENDANT NAME], [DEFENDANT ADDRESS]

You have been sued by the person identified above. The claim is set forth in the Complaint for Possession of Real Estate and Damages served with this Summons. You are required to:

☐ (Small Claims): Appear at the hearing scheduled on [__/__/____] at [____] in Courtroom [____], [COURT ADDRESS]. If you do not appear, a default judgment may be entered against you.

☐ (Civil Plenary): File a written answer or appearance within twenty-three (23) days of service of this Summons (or thirty (30) days if served outside Indiana) under Ind. Trial Rule 6 and 12(A). If you do not, a default judgment may be entered against you for the relief demanded.

Clerk of the [____________] Court: [________________________________]
Date: [__/__/____]
Seal:

Service of Summons (Sheriff / Process Server Return)

☐ Personal service on Defendant on [__/__/____] at [________________________________]
☐ Copy served at dwelling with person of suitable age (name: [____________])
☐ Certified mail, return receipt — green card attached
☐ Other: [____________]

Server: [________________________________] Title: [____________] Date: [__/__/____]

PART D — AFFIDAVIT OF SERVICE OF NOTICE

STATE OF INDIANA
COUNTY OF [____________]

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I am over eighteen (18) years of age and competent to testify.

2. On [__/__/____] at approximately [____], I served a true and correct copy of the Notice to Quit (attached as Exhibit 1) upon [TENANT NAME] by the following method:

☐ Personal delivery
☐ Substitute service on [____________], a person of suitable age and discretion at the Premises
☐ Conspicuous posting at the main entrance of the Premises AND first-class mail
☐ Certified mail, return receipt requested, tracking number [____________]

3. The Premises are located at: [________________________________].

4. The notice period required by Indiana law has expired without cure or surrender of possession.

Affiant signature: [________________________________]
Print name: [________________________________]
Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

Notary Public: [________________________________]
County of residence: [____________]
Commission expires: [__/__/____]

INDIANA PRACTICE NOTES

• Statutory pay-or-quit form. Ind. Code § 32-31-1-7 prescribes a statutory form for the 10-day notice. Mirror the statutory language verbatim where possible to avoid challenges.
• No notice scenarios. Ind. Code § 32-31-1-8 eliminates the notice requirement in certain situations, including a lease provision waiving notice, tenant at sufferance, and waste by a tenant at will. Confirm before relying on a no-notice filing.
• Lockouts prohibited. Ind. Code § 32-31-5-6 prohibits self-help eviction including lock changes, removing doors/windows/fixtures, or shutting off essential services. Damages include actual damages, attorney's fees, and court costs.
• Forum selection. Possession actions may proceed in superior court, circuit court, or small claims court (including Marion County township small claims). Damage amount and county practice control. Verify local rules.
• Emergency possessory order. Ind. Code § 32-30-3-1 permits an emergency hearing where the landlord shows immediate possession is necessary; ordered hearings typically occur within 5–7 days.
• Eviction sealing. 2022 P.L. 173 (HEA 1214) created procedures for sealing certain eviction court records, including expungement of judgments not resulting in possession or where the case was dismissed.
• Damages claims. Ind. Code § 32-31-3 (security deposits) requires a written itemization of damages within 45 days of termination; failure waives right to retain deposit.
• Service of process. Ind. Trial Rule 4.1 governs service: certified mail, personal service, or copy left at dwelling with mailing.
• Attorney's fees. Recoverable only if authorized by lease or statute (e.g., Ind. Code § 34-52-1-1 frivolous litigation).
• Federal CARES Act successor / HUD properties. Verify federal 30-day notice obligations for properties covered by federally-backed mortgages or federal subsidies.

PRE-FILING CHECKLIST

☐ Confirmed lease term and rental amount
☐ Itemized rent, late fees, and damages
☐ Drafted notice using statutory form (§ 32-31-1-7) for nonpayment
☐ Served notice using proper method; documented service
☐ Notice period (10 days / reasonable / 1 month) expired
☐ Identified correct filing court (small claims, superior, circuit)
☐ Confirmed venue (county where Premises located)
☐ Attached lease and notice as exhibits
☐ Verified ownership / agency authority
☐ Confirmed no bankruptcy stay, SCRA, or federal moratorium applies
☐ Prepared sheriff service instructions and fee
☐ Considered emergency possessory order if facts warrant
☐ If entity plaintiff, retained Indiana licensed counsel

SOURCES AND REFERENCES

• Ind. Code § 32-31-1-1 (one-month notice for periodic tenancies).
• Ind. Code § 32-31-1-6, 1-7, 1-8 (notice to quit forms and exceptions).
• Ind. Code § 32-31-5-6 (prohibition on self-help eviction).
• Ind. Code § 32-30-2; 32-30-3 (ejectment / possession).
• Ind. Code § 32-30-3-1 (emergency possessory order).
• 2022 P.L. 173 (HEA 1214) (eviction record sealing).
• Indiana Trial Rules 4.1, 6, 12, 75.
• Indiana Courts forms — verify county-specific local forms.