Indiana Eviction & Civil Help | Free 24/7 Hotline

Civil & Housing in Indiana — what to do right now

First, find out your exact deadline and never just abandon the property. If you've been served with an eviction, read the summons for your hearing date and SHOW UP — even a wrong date on paper is better than a no-show, which hands the landlord a default judgment. If it's a 10-day pay-or-quit notice for unpaid rent, you can stop the eviction entirely by paying the full amount due within those 10 days (IC 32-31-1-6) — get any payment in writing. If your landlord locked you out, changed the locks, or cut your water, heat or power, that's illegal self-help under IC 32-31-5-6, and you can ask a court for an emergency order to get back in. Before you do anything, call 1-844-690-0555 for free information on your specific deadline.

The law in Indiana: Civil & Housing

Indiana civil and housing matters split across two court levels, and which one you're in changes everything. Most evictions and money disputes up to $10,000 are heard in township or county **small claims courts** — informal, no jury, and lawyers ARE allowed (corporations and LLCs can appear through an owner or employee by affidavit). In Marion County (Indianapolis), evictions run through nine separate **township small claims courts**, a structure found nowhere else in the state. Larger personal-injury suits, contract disputes above the small claims cap, and quiet-title actions go to the **Circuit and Superior Courts**, where jury trials are available. A small claims loss can be appealed for a full new trial (trial de novo), generally within 60 days of the judgment.

Eviction in Indiana follows a strict statutory track. For unpaid rent, the landlord must serve a written **10-day notice to pay or quit** (IC 32-31-1-6); pay in full within that window and the termination stops. If you don't cure or leave, the landlord files a possession action under IC 32-30-2, and the court sets a hearing — the eviction statute requires the hearing to be set **no earlier than five business days** after service, though in practice many counties set it 10 to 21 days out. Self-help is flatly banned: under IC 32-31-5-6 a landlord cannot lock you out, remove your belongings, or shut off water, heat, gas or electricity to force you out, and a tenant frozen out this way can ask the court for an emergency order restoring possession.

Money disputes carry hard deadlines. Your **security deposit** must be itemized in writing and any balance returned within **45 days** of move-out (IC 32-31-3-12) — miss it and the landlord loses the right to keep any of it, owing you the full deposit plus reasonable attorney's fees, but only after you've supplied a written mailing address for the notice. **Personal injury and slip-and-fall** claims carry a **2-year** statute of limitations (IC 34-11-2-4), with a minor's clock generally tolled until age 18. Recovery is reduced by your share of fault under Indiana's modified comparative fault rule (IC 34-51-2) — and barred entirely if you're found more than 50% at fault. **Consumer** scams fall under the Deceptive Consumer Sales Act (IC 24-5-0.5), enforced both privately and by the Indiana Attorney General's Consumer Protection Division.

One Indiana rule traps tenants more than any other: there is **no statutory right to withhold rent and no repair-and-deduct remedy**, even in a unit that is unsafe or uninhabitable. Your landlord must deliver premises that are safe, clean and habitable, with working plumbing, heating and electrical systems (IC 32-31-8-5), but if they won't repair, your remedy is to give notice, allow a reasonable time, then **sue** under IC 32-31-8-6 to recover damages and attorney's fees — not to stop paying. A tenant who simply withholds rent in Indiana can still be evicted for nonpayment. This is the single biggest difference between Indiana and most other states, and the one that quietly ruins tenant cases.

Key Statutes

IC 32-31-1-6 — 10-day notice to pay or quit; tenant cures by paying full rent within the window
IC 32-31-3-12 — 45-day deadline to itemize and return the security deposit; full deposit + attorney's fees if the landlord misses it
IC 32-31-5-6 — bans landlord self-help: no lockouts, no removing belongings, no shutting off essential services without a court order
IC 32-31-8-5 & 8-6 — landlord's habitability duty, but enforced by lawsuit only (no rent-withholding / repair-and-deduct)
IC 24-5-0.5-4 — Deceptive Consumer Sales Act: greater of actual damages or $500; up to treble damages or $1,000 for willful conduct

Courts & Agencies

Township / County Small Claims Courts — evictions + money claims up to $10,000; no jury; lawyers allowed
Marion County's nine township small claims courts — where most Indianapolis evictions are heard
Circuit & Superior Courts — personal injury, larger contract disputes, ejectment, jury trials
Indiana Attorney General, Consumer Protection Division — investigates and enforces the Deceptive Consumer Sales Act
Indiana Civil Rights Commission / HUD — housing-discrimination (Fair Housing) complaints

Penalties & Deadlines

10 days — to pay rent and stop a nonpayment eviction after a pay-or-quit notice
5 business days — earliest the eviction hearing can be set after service; miss the hearing and the landlord wins by default
45 days — landlord's deadline to itemize and return your deposit; full deposit + fees if blown
2 years — to file a personal injury / slip-and-fall suit (IC 34-11-2-4)
60 days — to appeal a small claims judgment for a trial de novo in the Circuit or Superior Court

The Indiana Rent Trap: 'My Unit Is Unlivable, So I'll Stop Paying'

It feels like justice: the heat's dead, there's mold, the landlord ignores you — so you hold back rent until they fix it. In most of the country that's a recognized tactic. In Indiana it is not. There is no statutory right to withhold rent and no repair-and-deduct, even when the unit is genuinely uninhabitable. The landlord can still evict you for nonpayment, and now you're defending an eviction instead of pressing your repair claim. The correct move is the opposite: keep paying, give written notice, allow a reasonable time, then sue under IC 32-31-8-6 for damages and attorney's fees. Get this sequence right before you act. Call 1-844-690-0555 for free information first.

Likely outcomes & penalties

Every Indiana case turns on its own facts, but here is the realistic range of what's at stake. This is general information about typical outcomes, not a prediction or legal advice about your matter.

Security deposit not returned in 45 days

The landlord loses the right to keep any of it and owes you the full deposit back PLUS your reasonable attorney's fees (IC 32-31-3-12) — but only if you gave a written mailing address for the notice.

Eviction money judgment against you

Back-rent, late fees, court costs, and (if your lease says so) the landlord's attorney's fees, plus an eviction record that can follow you — though dismissed, withdrawn, or tenant-favorable cases must be sealed under IC 32-31-11.

Consumer scam under the DCSA

Recover the greater of your actual damages or $500; for a willful violation, up to the greater of treble damages or $1,000; treble damages may also be available to consumers 60 or older — plus attorney's fees (IC 24-5-0.5-4).

Personal injury / slip-and-fall

Economic plus non-economic damages with no general statutory cap, reduced by your own share of fault — and zero if you're found more than 50% at fault under Indiana's modified comparative fault rule.

Mistakes to avoid

⚠️

Withholding rent because the unit is uninhabitable — Indiana has NO rent-withholding or repair-and-deduct right, so you can be evicted for it; you must keep paying and sue separately under IC 32-31-8-6.

⚠️

Skipping the eviction hearing because you assume you'll lose or the date on the summons looks wrong — a no-show almost always means an automatic default judgment for the landlord.

⚠️

Moving out without giving your landlord a written mailing address, then wondering why your deposit never came — under IC 32-31-3-12 the 45-day clock and your forfeiture remedy depend on that written address.

⚠️

Letting the 2-year personal injury deadline (IC 34-11-2-4) slide while you 'wait to feel better' — file late and your slip-and-fall or crash claim is gone for good.

⚠️

Treating a crash with a city, county or state vehicle like an ordinary accident — government claims fall under the Indiana Tort Claims Act with short notice deadlines (as little as 180 days for a city or county) and a harsher contributory-fault rule, where even 1% of your own fault can bar everything.

How it works

Call 1-844-690-0555 — free, 24/7. No income test, no web form, no waiting room. Call the moment you're served or notice your deposit is late, day or night, in your own language including Spanish where needed.

Talk to an AI assistant trained on Indiana + federal law. Explain your eviction, deposit, injury, or consumer problem in plain words. You get clear legal information about Indiana's deadlines and your options — information, not legal advice, and the call creates no attorney-client relationship.

Get matched with an Indiana Civil & Housing attorney if you want one. If your situation needs a lawyer, we can help you book a paid consultation with an Indiana-licensed attorney. Booking is arranged through the call — there's no instant online checkout.

Free & low-cost Civil & Housing help in Indiana

If you can't afford a lawyer, Indiana has real free and low-cost civil help — especially for housing, deposits, and consumer disputes. These organizations are independent of Legal Hotline; contact them directly, and use our free call any time to understand your deadline first.

Indiana Legal Services, Inc. (ILS)

Statewide nonprofit law firm providing free civil legal aid to eligible low-income Hoosiers — landlord-tenant, evictions, consumer, and public benefits matters. Offices include Indianapolis, Bloomington, Evansville, Fort Wayne, Lafayette, Merrillville, New Albany and South Bend.

Indiana Legal Help

Statewide self-help portal with a plain-language tenant handbook, eviction and sealing instructions, and guided form packets for housing and consumer matters.

Neighborhood Christian Legal Clinic — Housing & Consumer Justice

Indianapolis-based, serving Hoosiers statewide, with advice and limited representation on eviction, habitability, deposits, eviction sealing and housing discrimination.

Indianapolis Tenant Advocacy / Eviction Prevention (City of Indianapolis)

Free attorneys and navigators connected to Marion County's township small claims courts to help tenants facing eviction, often on the day of the hearing.

Indianapolis Legal Aid Society

Civil legal aid for low-income Marion County residents, including landlord-tenant and consumer matters.

Indiana Attorney General — Consumer Protection Division

Where to file a consumer-dispute or Deceptive Consumer Sales Act complaint when a business has deceived or scammed you.

Indiana 211

Free statewide referral line — just dial 211 — for legal aid, eviction help, rental assistance and other social services in your county.

FAQ — Civil & Housing in Indiana

How many days do I have to move out after an eviction notice in Indiana?

It depends on the notice. For unpaid rent you get a 10-day pay-or-quit notice (IC 32-31-1-6), and you can stop the eviction by paying in full within those 10 days. If you don't cure, the landlord files in court and a hearing is set no earlier than five business days after you're served — but you don't have to leave until a court actually orders it. Call 1-844-690-0555 for free information on your exact timeline.

My landlord didn't return my deposit within 45 days. What can I do?

Under IC 32-31-3-12, if the landlord fails to mail an itemized statement and return your balance within 45 days of move-out, they lose the right to keep any of it — you can recover the full deposit plus your reasonable attorney's fees. The catch: you must have given the landlord a written mailing address first. Call 1-844-690-0555 to find out if you've met the requirements.

Can my landlord shut off my water or change the locks in Indiana?

No. IC 32-31-5-6 bans landlord self-help — without a court order, they cannot lock you out, remove your belongings, or shut off your water, heat, gas, electricity or other essential services to force you out. If they do, you can ask a court for an emergency order restoring your access, sometimes within days. Call 1-844-690-0555 right away for free information.

My rental is unsafe and the landlord won't fix it. Can I stop paying rent?

This is the most dangerous mistake in Indiana. There is NO right to withhold rent or repair-and-deduct here, even if the unit is uninhabitable — stop paying and you can be evicted. Your landlord owes you habitable premises (IC 32-31-8-5), but the remedy is to give notice, allow a reasonable time, then sue for damages and attorney's fees under IC 32-31-8-6. Keep paying and call 1-844-690-0555 before you act.

What's the small claims limit in Indiana, and can I bring a lawyer?

Indiana's small claims limit is $10,000 — among the higher caps in the country. Lawyers ARE allowed (and a company can appear through an owner or employee by affidavit), but there is no jury and the rules of evidence are relaxed. It's a common venue for deposit fights and evictions. Call 1-844-690-0555 for free information on whether small claims fits your dispute.

How long do I have to sue after a car accident or slip-and-fall in Indiana?

Two years from the date of injury (IC 34-11-2-4) for most personal injury and premises-liability claims. A minor's clock is generally paused until age 18. But if a city, county or the State was involved, much shorter Tort Claims Act notice deadlines apply — as little as 180 days — so don't wait. Call 1-844-690-0555 for free information about your deadline before it passes.

I have an old eviction on my record. Can I get it sealed in Indiana?

Often, yes. Under IC 32-31-11, the court must seal eviction records in cases that were dismissed, withdrawn by the landlord, or decided in the tenant's favor — and a tenant can move the court to seal them. Sealing keeps the record from showing up in tenant-screening searches. Call 1-844-690-0555 for free information on whether your case may qualify.

A business scammed me in Indiana. What are my options?

Indiana's Deceptive Consumer Sales Act (IC 24-5-0.5-4) lets you recover the greater of your actual damages or $500, and for a willful violation up to the greater of treble damages or $1,000; consumers 60 or older may also be able to recover treble damages. You can additionally file a complaint with the Attorney General's Consumer Protection Division. Call 1-844-690-0555 to understand which path fits.

What happens if I miss my eviction court date in Indiana?

Almost always a default judgment for the landlord — meaning you lose without your side being heard, and an order for removal can follow. Even if you think the hearing date on your summons is wrong, show up anyway and raise it there. In Marion County, free help may be available at the township small claims courthouse. Call 1-844-690-0555 first so you walk in prepared.

Is this a free lawyer, and will the call give me legal advice?

The call is free, 24/7, with no income test — but Legal Hotline is not a law firm and not a public defender. We give legal information to help you understand Indiana's deadlines and options, not legal advice, and the call creates no attorney-client relationship. If you want a lawyer, we can help you book a paid consultation with an Indiana-licensed attorney. Call 1-844-690-0555 to start.

Are you an Indiana Civil & Housing attorney? Join our network.

We connect Hoosiers facing eviction, deposit disputes, personal injury, and consumer matters with licensed Indiana attorneys ready to take paid consultations. If you practice landlord-tenant, civil litigation, or consumer law in Indiana and want qualified, pre-informed client referrals, we'd like to hear from you. Mention the network when you reach us at 1-844-690-0555.

For Attorneys →

Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Got a 10-Day Notice or an Indiana Court Date? Don't Walk in Cold.