Start My Answer

The Eviction Moratorium in Indiana Explained

Chloe Meltzer | October 19, 2022

Temporary laws protected renters from eviction during the height of the COVID-19 pandemic

Summary: The eviction moratorium protected renters from eviction during the COVID-19 pandemic. Here is SoloSuit's guide on Indiana's specific laws surrounding eviction in wake of the coronavirus crisis.

In August 2021, the Centers for Disease Control and Prevention issued a new order temporarily halting evictions in certain areas of the country. This was to last until October 3 and focused on areas of the country where COVID-19 was continuing to spread. If you are a renter or a landlord in Indiana, it is important to understand what this means for you, and what happens after the moratorium is over.

Who is covered by the latest moratorium

Under the CDC's eviction order, all people including any tenant, lessee, or resident of a residential property are covered under the moratorium. They simply need to provide evidence that they have put their best efforts to obtain all available governmental assistance for rent or housing.

There are a few requirements as well:

  • The individual cannot have earned more than S99,000 (or $198,000 if filing jointly) in Calendar Year 2020.
  • The individual is unable to pay the full rent, or pay a complete housing payment due to loss of income.
  • The individual is using their best efforts to make timely partial rent payments as they can.
  • Eviction would push the individual into homelessness.
  • The individual resides in a U.S. county experiencing substantial levels of COVID-19 as defined by CDC.

This Order applies in counties that are experiencing substantial and high levels of community transmission levels of SARS-CoV-2.

Understanding eviction once the moratorium ends in Indiana

When a landlord wishes to evict a tenant in Indiana, there are specific rules that need to be followed. All of the rules and procedures set forth in Indiana state law must be followed or the eviction can not take place.

However, tenants have fewer legal defenses for not paying rent in Indiana than in many other states. For example, in states such as Michigan, Kentucky, and Minnesota, tenants have a right to withhold rent if a landlord fails to address major housing violations. These specific rights do not exist in Indiana.

It is good to note that if an Indiana tenant failed to pay rent because they took money for rent, there are options. If this money was spent to make repairs that a landlord should have made, then the court can deduct that amount from the total amount owed to the landlord once the moratorium is over.

Once the eviction is planned, it will start with a notice by the landlord for the tenant to terminate the lease. In order for this to take place, notice must be given to the tenant. There are a few different types of notices, which will be determined by the reason for the eviction.

Notice for termination with cause

In order to evict a tenant before the lease or rental agreement expires, there must be a legal reason to do so. The most common causes of eviction include:

  • Failure to pay rent
  • Violation of the lease or rental agreement

Notice of eviction

In most situations, a landlord can evict a tenant who purposefully destroys a rental unit or any property within it. Usually, the first step to evicting a tenant is to give notice. Notice can be one of the following:

  • Ten-day notice to pay rent: When a tenant does not pay their rent when it is due, the landlord is then given the right to send a ten-day notice. If the tenant does not pay their rent after the ten-day period, then the landlord has the right to terminate the tenancy and file an eviction lawsuit.
  • Notice to cure or quit: Should a tenant violate the lease or rental agreement, then the landlord can send the tenant a notice to cure or quit. This notice will state the violation of the tenant, and what they need to do in order to fix it. This must be done within a reasonable time or the landlord can terminate the tenancy. The landlord can also file an eviction lawsuit against the tenant if they do not fix it in a reasonable amount of time.
  • Unconditional quit notice: If the tenant is a month-to-month tenant, then the landlord can terminate the tenancy at any point that the tenant willfully damages or destroys the rental unit property. The landlord must still provide the tenant with notice, but the notice will be regarding the lease ending immediately. At this point, the landlord can legally go and file an eviction lawsuit against the tenant.

Notice for termination without cause

If a landlord does not have cause to evict a tenant, then they must wait until the lease has expired. The only difference is if the tenant is month-to-month. Then the landlord will need to provide the tenant with notice.

Month-to-month tenancy

When a landlord wants to end a month-to-month tenancy in Indiana, the landlord is required to give the tenant a written 30-day notice to quit. The notice informs the tenant that the landlord wishes to end the tenancy. It also means that the tenant will need to move out by the end of the 30 days. If the tenant does not move within 30 days, then the landlord can file an eviction lawsuit.

Fixed-term lease

If the landlord and the tenant have a fixed-term lease (typically for one year), then the landlord cannot evict the tenant without cause. If the landlord does not have a cause, they must wait until the end of the term before expecting the tenant to move. There is no need to give notice if the lease will end, the landlord simply does not need to renew the lease.

Paying back what you owe

Once the moratorium has ended, you will need to pay back what you owe. As long as you have paid at least 25% of your rent leading up to the end of the moratorium, you cannot be evicted immediately.

If debt collectors keep contacting you about a debt you owe, and it's keeping you from paying your rent, you can find relief. Try sending a Debt Validation Letter to request a formal debt validation. If the collectors don't have the proper documentation to validate the debt, they will probably leave you alone and won't be able to sue you for it.

On the other hand, if you've already been sued for a debt you owe, the first step to winning your lawsuit is to respond with a written Answer. Check out this video to learn more about responding to a debt collection lawsuit:

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

Get Started

We have answers.
Join our community of over 40,000 people.

You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.

Ask a Question

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court