Eviction Notice and Possession (Ejectment) Complaint Package - Indiana

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:

Other charges claimed under the lease, if any, are identified separately: [DESCRIPTION AND AMOUNT]. They are not included in the rent amount demanded to cure this notice.

Payment instructions / where to tender: [________________________________]

If you do not pay the rent in full or vacate within ten (10) days after receipt of this notice, the landlord may bring an action for possession and seek unpaid rent and other amounts authorized by the lease and Indiana law. Under Ind. Code § 32-31-1-6, payment of rent in full before the notice period expires is an exception to termination for nonpayment. The statute also recognizes a different agreement between the parties; confirm its terms before using this notice. A claim for other charges must be evaluated separately under the lease and applicable 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 from receipt of this notice to address the conduct described above. If this is an action to enforce a tenant duty under Ind. Code ch. 32-31-7, select a reasonable time to remedy under § 32-31-7-7(b), subject to its repaired-damage and ended-occupancy exceptions. For a lease-only duty, identify the applicable contractual notice period and legal basis: [LEASE SECTION / PERIOD / BASIS].

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

If the noncompliance continues after the applicable period, the landlord may pursue an available claim in court. This notice alone does not establish a right to possession.

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

A-3. Monthly-Interval Notice — Termination of Recurring Monthly Tenancy

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

Your tenancy at the above-described Premises extends from one monthly period to another by the parties' express or implied agreement: [DESCRIBE AGREEMENT AND CURRENT PERIOD]. Under Ind. Code §§ 32-31-1-2 and 32-31-1-4, Landlord gives notice equal to that monthly interval. The tenancy will end on [__/__/____], after that interval has elapsed from delivery of this notice. Check any different contractual renewal or nonrenewal term before delivery.

Please vacate and arrange voluntary surrender by that date. If possession remains disputed, Landlord will seek a court order.

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

Delivery Record (All Forms)

For A-1 and A-3, where notice is required under Ind. Code §§ 32-31-1-1 through -7, § 32-31-1-9 lists these service methods:

☐ Served on tenant
☐ Tenant could not be found; served on a person residing at the premises and explained the notice's contents
☐ No resident was found; affixed a copy to a conspicuous part of the premises

For A-2, confirm the method authorized by the agreement and the law governing that notice. Other authorized delivery, if applicable: [AUTHORITY / METHOD / DETAILS]. A courtesy mailed or electronic copy does not replace § 32-31-1-9 service when that section applies.

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] COURT OF [____________] COUNTY — REGULAR CIVIL DOCKET

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 is an action for possession of real estate under Ind. Code §§ 32-30-2-1 and 32-30-3-1, together with any supported claim for rent or damages.

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) under the route selected here: ☐ Ind. Code § 32-31-1-7 (nonpayment) ☐ Ind. Code §§ 32-31-1-2 and -4 (recurring monthly tenancy) ☐ Ind. Code § 32-31-1-1 (express tenancy at will) ☐ Ind. Code § 32-31-7-7 (covered tenant duty; remedy period and exceptions assessed) ☐ Other supported notice basis: [CITE / LEASE TERM]. If no notice was required under Ind. Code § 32-31-1-8, identify the precise subsection and facts instead: [SUBSECTION / FACTS].

6.2 Method of service: [____________].

6.3 If notice was required, the applicable period expired on [__/__/____]. State the facts showing that the claim for possession now exists: [FACTS AND LEGAL BASIS].

7. Damages

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

8. Emergency Possessory Order (Optional)

☐ Plaintiff has filed a separate sworn petition for an emergency possessory order under Ind. Code ch. 32-31-6 and attaches it as Exhibit [__]. The qualifying ground is [waste or threatened waste / qualifying criminal act / materially false leasing information]. The petition states the specific immediate and serious injury, loss, or damage.

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.

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:

File a written answer or other appropriate response within twenty (20) days after service of the Complaint, unless another trial rule or court order sets a different time. Trial Rule 6(G) adds three days when its United States mail-service provision applies; a motion under Trial Rule 12 changes the responsive-pleading time as provided in Rule 12(A). Enter the applicable response deadline here: [DATE AFTER CHECKING SERVICE METHOD AND COURT ORDER]. If you do not respond, 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) by the following method. For a notice required under Ind. Code §§ 32-31-1-1 through -7, use one of the first three methods below in the order allowed by § 32-31-1-9:

☐ Served on the tenant, [TENANT NAME]
☐ Tenant could not be found; served on [____________], a person residing at the Premises, and explained the notice's contents to that person
☐ Tenant and a resident could not be found; affixed a copy to a conspicuous part of the Premises at [____________]
☐ Other method authorized for this notice under [LEASE TERM OR OTHER LEGAL AUTHORITY]: [METHOD / DETAILS]

Attempts supporting resident service or posting: [DATES / TIMES / DETAILS]. Additional courtesy mailing, if any: [METHOD / DATE / TRACKING]. Mailing alone does not satisfy § 32-31-1-9 when that section applies.

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: [________________________________]
Indiana county of notary commission (nonresident Indiana notary: Indiana county of primary employment): [____________________]
Commission expires: [__/__/____]
Printed notary name: [____________________]
Official seal: [AFFIX NOTARY SEAL]

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 lists specific circumstances in which notice is unnecessary: a fixed rental period, a contract specifying when the tenancy ends, waste by a tenant at will, a tenant at sufferance, refusal to pay rent in advance when the contract expressly requires advance payment, or no landlord-tenant relationship. A general notice-waiver clause is not itself one of the listed grounds. Confirm the applicable ground before filing without notice.
• 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. This package supplies a complaint for a regular civil docket. If the case belongs on a small-claims docket, use a Notice of Claim and the court's current small-claims forms and instructions; this complaint and summons are not the small-claims initiating papers. Verify venue and local rules.
• Emergency possessory order. Ind. Code ch. 32-31-6 is a separate route requiring a sworn petition and a qualifying ground under § 32-31-6-3. Nonpayment of rent alone is not waste under § 32-31-6-7(a). The court must schedule the emergency hearing no later than three business days after filing under § 32-31-6-5. Section 32-30-3-1 governs the ordinary possession action and plaintiff's affidavit, not this emergency order.
• Eviction record nondisclosure. Ind. Code § 32-31-11-3(a) requires a nondisclosure order on the court's own motion after specified dismissals, tenant-favorable judgments, or an adverse judgment overturned or vacated on appeal. Section 3(b) allows a tenant motion after satisfying a related money judgment, or after seven years when the adverse judgment includes no money judgment. Section 4 provides a petition route for qualifying older cases or missed orders. The chapter was added by 2022 P.L. 164 and amended in 2025.
• Damages claims. Ind. Code § 32-31-3-12(a) requires a written itemization of permitted deductions and the amount due within 45 days after rental agreement termination and delivery of possession; chapter liability awaits the tenant's written mailing address. Section 14 separately requires a mailed list of claimed damages within 45 days after termination of occupancy. Failure to provide the § 14 notice has the full-deposit consequence stated in § 15.
• 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
☐ Applicable notice period, if required, expired; checked the selected route
☐ Identified the proper superior or circuit court regular civil docket
☐ 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, confirmed counsel and signature authority for the regular civil filing

SOURCES AND REFERENCES

• Ind. Code § 32-31-1-1 (express tenancy at will); §§ 32-31-1-2 and -4 (recurring monthly tenancy and notice interval).
• Ind. Code § 32-31-1-6, 1-7, 1-8 (notice to quit forms and exceptions).
• Ind. Code § 32-31-1-9 (service of notices required under §§ 1 through 7); § 32-31-7-7 (notice for covered tenant-duty actions).
• 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 (ordinary possession action and affidavit); §§ 32-31-6-3 to -5 (emergency possessory petition and hearing).
• Ind. Code §§ 32-31-11-3 and -4 (eviction record nondisclosure orders; 2022 P.L. 164, amended 2025).
• Indiana Trial Rules 4.1, 6, 11(D), 12, 75; Small Claims Rule 8(C).
• Indiana Courts forms — verify county-specific local forms.