Indiana Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Multi-State
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US-03314BG
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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

The Indiana Office of Housing & Urban Development (HUD) has several resources available for renters on their website, including dispute forms, tenant rights, landlord obligations, legal assistance, and more.

Landlords are typically required to give proper notice to their tenants if they plan on entering the property. If they do not give this notice, then they do not have legal access to enter the property. If a landlord does enter the tenant's unit without notice, especially more than once, it is considered harassment.

Provided that the tenant does not appeal for reconsideration, a Writ of Execution is issued within a few hours to a few days. The Writ of Execution gives the tenant a maximum of 48-72 hours to vacate the property. If the eviction process is related to drugs, they receive 72 hours to leave.

Only the sheriff is allowed to remove the tenant by force. Even if the landlord wins the case, they are not allowed to engage in illegal methods of eviction. In the state of Indiana, landlords have to get a court order before disposing of or moving any belongings left behind by the tenant.

Comply With the Eviction Notice, If Possible If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Indiana, the landlord must not proceed with the eviction (see Ind. Code Ann. §§ 32-31-1-6 and 32-31-7-7).

As used in this chapter, "retaliatory act" means any of the following actions taken by a landlord in response to a tenant's engaging in a protected activity: (1) Increasing the amount of the tenant's rent. (2) Decreasing, terminating, or interfering with services provided to the rental premises.

Your landlord cannot turn off your utilities. You have the right to privacy in the rental premises. Your lease agreement likely says when your landlord may come into your home. Usually, lease agreements say that your landlord may come in to do emergency repairs, routine or needed maintenance, and inspections.

This question is about Indiana Eviction Process Yes, you can kick someone out of your house in Indiana.

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Indiana Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand