Understanding Indiana eviction laws without lease can be tricky if you’re a landlord trying to remove a tenant or a tenant wondering about your rights.
But even without a formal rental agreement, both parties still have legal protections under Indiana law. Here’s everything you need to know.
Indiana Eviction Laws Without Lease (2025)
In Indiana, someone renting a residential property without a formal lease is an “at-will” tenant with a periodic tenancy. This means they live at the property with the consent of the owner. Rent is usually paid on a week-to-week or month-to-month basis.
Under Indiana law, a landlord-tenant relationship is formed when the property owner accepts payment for residential use of the property.
An at-will tenancy continues indefinitely until either the landlord or the tenant decides to terminate it.
Even without a formal lease, at-will tenants are protected by Indiana’s landlord-tenant laws. When a landlord wants to end the rental agreement, they must provide proper written notice to the tenant.
If the tenant doesn’t comply with the notice to leave, the landlord can file an eviction lawsuit to regain possession of the property.
The eviction rules Indiana landlords must follow are set out in Title 32 of the Indiana Code – Indiana Residential Landlord and Tenant Act: https://law.justia.com/codes/indiana/title-32/article-31/
Indiana Eviction Notice Without Lease: For-Cause Evictions
A lease is a formal agreement to rent a property for a specified period—12 months is common. When no lease exists, the landlord and tenant will usually have agreed terms concerning rent payments and basic property rules. These conditions are enforceable even if the agreement is only a verbal one.
If the tenant doesn’t pay their rent on time, causes property damage, or breaks the agreed terms in any other way, the landlord has cause to terminate the tenancy and ask the tenant to move out.
Non-Payment of Rent: If a tenant fails to pay rent on time, the landlord can issue a 10-day notice to pay or quit. This notice informs the tenant that they have ten days to pay the overdue rent; otherwise, the landlord may terminate the tenancy and file for eviction.
Lease Violations: For other breaches, such as unauthorized pets or excessive noise, landlords must provide a reasonable period for the tenant to remedy the violation. Indiana law does not specify the exact length of this period, only that it must be reasonable.
Illegal Activities: If a tenant engages in illegal activities on the property, landlords can issue a 45-day unconditional notice to vacate, requiring the tenant to leave without an opportunity to correct the behavior.
Indiana Eviction Process: No-Cause Evictions
If a landlord wants to end an at-will tenancy without alleging any fault on the part of the tenant, they must provide proper notice:
30-Day Notice: For at-will tenancies, landlords are required to give tenants a 30-day written notice to vacate.
Eviction Notice Indiana Delivery: The notice to vacate must be delivered directly to the tenant, handed to another adult living at the property (with an explanation of its contents), or posted on the premises if no one is available.
Indiana Tenant Rights Without Lease
Even without a formal lease, tenants in Indiana have important legal rights:
Right to Habitable Housing: Landlords must maintain rental properties in a livable condition, ensuring they meet basic health and safety standards. All electrical, plumbing, sanitary, heating, and air-conditioning appliances supplied by the landlord must be maintained in safe working order.
Right to Quiet Enjoyment: Tenants have the right to quiet enjoyment of their rented space, meaning landlords cannot enter the premises without proper notice, except in emergencies.
Under Indiana Code Section 32-31-5-6, landlords must give reasonable advance notice before entering for inspections, repairs, or showing the unit to potential buyers or tenants. Notice must include a reasonable time and date, preventing visits at inappropriate hours.
Right to Proper Notice: Tenants can’t be forced to leave without proper notice. Landlords must follow legal procedures for eviction.
No Self-Help Evictions: Self-help evictions are illegal in Indiana. This means the landlord can’t change the locks, shut off utilities, or remove the tenant’s possessions before the court approves the eviction.
Protection Against Retaliation: A landlord can’t evict a tenant in retaliation for complaints about unsafe living conditions or legal disputes.
Right to a Court Hearing: If a tenant faces eviction, they have the right to a fair court hearing to contest the eviction and present their case.
Security Deposit Protections: If a tenant has paid a security deposit, the landlord must return it within 45 days after the tenant moves out, minus any deductions for damages beyond normal wear and tear.
See Also: List of eviction friendly apartments in Indianapolis
Tenant Defenses and Rights In Indiana
Tenants have the right to contest an eviction by presenting a defense. Defenses include:
- The landlord’s failure to maintain the property in a habitable condition
- Claims of retaliation or discrimination
- Improper notice or procedural errors in the eviction process
Indiana Eviction Laws For Family Members
Indiana eviction laws for family members depend on the type of arrangement in place.
Family Member Is A Tenant (Verbal Agreement or Rent Paid)
If the family member has been paying rent or contributing to household expenses, they are considered a tenant, even without a written lease. In this case, the owner must follow the standard eviction procedures detailed above.
Family Member Is A Guest (No Rent Paid, No Agreement)
If the family member has never paid rent and is staying as a guest, they do not have tenant rights under Indiana law. However, if they refuse to leave when asked:
- The property owner must give written notice asking them to vacate.
- If the family member refuses to leave, the owner can file for an eviction in court to formally remove them.
- Calling the police may be an option if the family member becomes hostile, but law enforcement may require a court order before taking action.
How Indiana Eviction Laws Compare to Other States
Eviction rules can vary depending on where you are. In Indiana, even if there’s no lease, you still have to follow legal steps to remove someone from your property.
It’s pretty similar in other states, like Alabama eviction laws for family members, which also require proper notice and a formal eviction process if they’re considered tenants.
The details might differ, but the general idea is the same: you can’t just kick someone out without going through the right legal channels.
Read Also: Eviction Process in Michigan With No Lease
Alex Graham is a co-founder and manages high-quality content that helps once evicted/ex-felons find a place to call. home. Alex believes even if he can help one person return to a good, wholesome life it is well worth the effort.