The Legal Process to Evict a Roommate In Indiana

Landlord Protection The Legal Process to Evict a Roommate In Indiana

How to Evict a Roommate In Indiana

Renting a property with roommates may seem like a good deal at first, but sometimes differing personalities just don't get along. If you want to know , you will want to refer to Indiana's code that regulates rental agreements and eviction processes.

Whether or not a roommate is listed on the lease, it isn't easy to get a roommate evicted without good reason. If you are looking to start the process of eviction for your roommate, DoNotPay can help you prepare for the process.

Eviction Laws in Indiana

When you rent a property to someone in Indiana, you are required to follow Indiana Code (IC) 32-31-8, which outlines tenant's rights and what the landlord must provide tenants to have a livable property. As long as these rules and regulations are followed, it is the landlord's right to evict a tenant if they are not following specific requirements set out in the lease. Even with tenants that don't have a written lease, eviction can only happen in certain circumstances.

Landlords do have the right to evict someone if they are not paying rent. If someone has a roommate that the landlord did not agree upon, this can also be a cause for eviction. However, if you are not the landlord and your landlord doesn't mind the roommate, you have a legal reason to evict them on your own.

Reasons to Evict a Tenant

Indiana law provides only a few reasons that a tenant of a property can be evicted. They can be evicted for

Nonpayment of Rent.If the rent is not paid, you must provide a 10-day notice to the tenant to pay. Otherwise, eviction processes will begin.
Damage of the Property.If there is significant damage to the property, a landlord can evict the tenant, especially if the damage is purposeful.
Criminal Activity.If it is found that criminal activity is being conducted on the property, the landlord has the right to evict the tenant.
Not Following Specific Rules Sent Out in a Lease.If a tenant is willfully ignoring rules they agreed to in the lease, a landlord has the right to start the eviction process, and the security deposit may be forfeited.

Do You Have Legal Power to Evict Your Roommate in Indiana?

 isn't easy, especially when the roommate is paying rent on time and not doing significant damage to the property. If your roommate isn't listed on the lease and your landlord isn't aware of it, trying to remove an unwanted roommate may cause you to get into trouble for having a roommate you were not supposed to have.

If the roommate is paying rent to you, and you are the only leaseholder, Indiana law says that you are essentially a landlord, meaning you can take the roommate to court to get them removed from the property. However, if you don't have a reason to remove the roommate that violates the state code, you have little chance of winning.

What Does the Eviction Process Look Like in Indiana?

If a landlord wants to remove a person from their property, there has to be a legal reason to do so. In most cases, removing a leaseholder or a non-leaseholder roommate requires them to have:

  • Stopped paying rent
  • Damaged the property
  • Didn't move out on an agreed-upon date
  • Is a person that the landlord didn't know was living there

In many of these cases, the landlord does not have to give prior notice that an eviction notice is coming.

What if a Roommate Refuses to Leave?

If someone refuses to leave a property but is otherwise complying with the payment of rent, the tenant does have certain rights. Issuing a demand letter for eviction can be an asset, giving you or your landlord a way to get the process started, but in many cases, it will have to go to court, and legal proceedings will determine whether the eviction is warranted.

How Can You Evict Your Roommate?

If you want to , you first need to establish a legal reason for removal. If your roommate is not paying rent, for example, they can be subject to eviction. To evict a roommate, you must:

  1. Give the roommate a 10-day notice to pay.
  2. File an eviction with the court.
  3. Attend any and all court dates and provide the court evidence of nonpayment or proof of other issues.
  4. If an eviction is deemed legal and a roommate refuses to leave, filing for a writ of restitution allows law enforcement to help with the removal of the roommate from the property.

Get Help With DoNotPay

Whether your roommate was listed on your lease or not; there is a chance that you may not want to deal with the living situation any longer. In that case, you may have to break your lease. If you need help, DoNotPay has easy steps you can take to break your lease and find a better situation.

How to break a lease in Indiana using DoNotPay:

If you want to break a lease in Indiana but don't know where to start, DoNotPay has you covered in 4 easy steps:

  1. Search for and open the Landlord Protection product on DoNotPay.


  2. Select which issue applies to you.


  3. Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.


  4. Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.


And that's it. You should hear back from your landlord directly once your demands are sent.

DoNotPay is here to guide you through it and file your disputes on your behalf. Our Landlord Protection product can help you:

  1. Get back your security deposits.
  2. Learn about your state's eviction laws and what protections apply in your case.
  3. Resolve disputes regarding repairs with your landlord.
  4. Resolve disputes with roommates by filing demand letters or going through small claims court.
  5. Break your lease early.

What Else Can DoNotPay Do?

DoNotPay can help you with a variety of things that you may not have the time for. Some of the tasks that DoNotPay can help with include:

When you have to get something done and want the quick, easy way, DoNotPay can help you get it done.

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