There is no Indiana eviction moratorium in effect. The state pause under Executive Order 20-06 expired on August 14, 2020, and the federal CDC moratorium ended in August 2021 when the U.S. Supreme Court vacated the stay keeping it alive. Indiana landlords can again pursue eviction for nonpayment through the standard court process, and state law prevents cities and counties from putting their own moratoriums in place.
Why No Moratorium Is in Place
Governor Holcomb issued Executive Order 20-06 on March 19, 2020, prohibiting the initiation of evictions in the early months of the pandemic.1Indiana State Government. Executive Order 20-06 The order never erased rent obligations. It paused the court process, and tenants still owed every dollar that accrued while it was in effect. After several extensions, the governor let the order lapse on August 14, 2020.2Eviction Lab. COVID-19 Housing Policy Scorecard for Indiana
A federal moratorium from the Centers for Disease Control and Prevention ran from September 2020 through August 2021. The Supreme Court then vacated the stay that had kept it alive, ruling in Alabama Association of Realtors v. Department of Health and Human Services that the CDC had exceeded its statutory authority.3Supreme Court of the United States. Alabama Association of Realtors v. Department of Health and Human Services Nothing has replaced it, at the state or federal level.
You also can’t count on a local one. Indiana Code 32-31-1-20 bars cities, counties, and towns from regulating leasing terms, the rights of the parties to a lease, security deposits, screening, or landlord fees, and any local ordinance that crosses those lines is void.4Indiana General Assembly. Indiana Code 32-31-1-20 – Local Units Prohibited From Regulating Rental Rates and Landlord-Tenant Relationship The statute does not use the word “moratorium,” but a local eviction pause would alter lease rights, which is exactly what the statute forbids. The one carve-out is subsidized housing where government funds are specifically allocated to provide reduced rents for low- or moderate-income tenants.
What That Means If You’re Behind on Rent
Without a moratorium, the Indiana eviction timeline is short. The single most useful thing to know is this: before a landlord can file anything in court, they must give you written notice allowing at least 10 days to pay the overdue rent in full or move out.5Indiana General Assembly. Indiana Code 32-31-1-6 – Rent; Refusal or Neglect to Pay The statutory form includes the tenant’s name, a description of the property, and the landlord’s name.6Indiana General Assembly. Indiana Code 32-31-1-7 – Forms; Notice to Quit; Failure or Refusal to Pay Rent
If you pay the full amount owed within those 10 days, the landlord cannot proceed. The notice is a cure period, not a final decision. Pay in full in time and the lease continues as though the notice was never served.5Indiana General Assembly. Indiana Code 32-31-1-6 – Rent; Refusal or Neglect to Pay
If you don’t pay or move out, the landlord files in small claims court, and the case moves in two hearings. The first is a possession hearing. If the judge rules for the landlord, the court issues an Order of Possession giving you a short window, usually just a few days, to leave voluntarily.7Indiana Judicial Branch. Help with Housing If you don’t, the sheriff can remove you and your belongings. The second hearing deals with money: unpaid rent, cleaning, and damage, offset by the security deposit.
Ask the Court About Pre-Eviction Diversion
Indiana courts are required to offer a pre-eviction diversion program in cases that involve nonpayment of rent. If both the landlord and tenant agree to participate, the court pauses the case for 90 days and marks the record confidential while the parties work toward a resolution, often a payment plan or mediation.8Indiana Judicial Branch. Help with Housing – Section: Ask the Court About Pre-Eviction Diversion
Diversion is voluntary on both sides, so a landlord who refuses can’t be forced in. The confidentiality piece still matters. Even a dismissed eviction filing can surface on tenant screening reports and make it harder to rent later. One limit worth knowing: the federal Emergency Rental Assistance Program that funded many diversion resolutions ended its period of performance on September 30, 2025.9U.S. Department of the Treasury. Emergency Rental Assistance Program Ask the court what state and local funds are currently available.
Defenses You Can Raise
Show up. A large share of eviction judgments are default judgments entered because the tenant never appeared. If you’re there, several defenses may apply.
- Defective notice. If the landlord didn’t deliver a proper 10-day written notice, the eviction can be dismissed. The landlord can start over with a correct notice, but you buy time.
- Rent was paid. Proof you paid in full before the notice window closed defeats the eviction. Bring cancelled checks, money order receipts, bank transfer records, or any written acknowledgment.5Indiana General Assembly. Indiana Code 32-31-1-6 – Rent; Refusal or Neglect to Pay
- Uninhabitable conditions. Indiana recognizes a warranty of habitability covering health and housing code compliance, heating, plumbing, electrical systems, and common areas. Rent withholding is not clearly allowed in Indiana, so this defense works best when you can show you notified the landlord and gave time to fix the problem.
- Retaliation. A landlord cannot evict you in retaliation for protected activity such as reporting code violations. The landlord can still proceed if you genuinely owe rent or committed a lease violation affecting health or safety.10Indiana General Assembly. Indiana Code 32-31-8.5-5 – Retaliatory Acts by Landlord Prohibited
Lockouts and Utility Shutoffs Are Illegal
Some landlords try to skip court entirely by changing the locks, pulling doors or windows, or shutting off electricity, gas, or water. All of this is illegal in Indiana. A landlord cannot deny or interfere with a tenant’s access to the dwelling or essential services except through a court order.11Indiana General Assembly. Indiana Code 32-31-5-6 – Landlord Prohibited From Interfering With Access, Possession, or Essential Services
If it happens, you can ask the court for an emergency possession order to restore access. Owing rent does not give a landlord the right to bypass the judicial process. Only a sheriff enforcing a court-issued Order of Possession can lawfully remove you.
Sealing an Eviction Record
An eviction on your record can make it hard to rent anywhere else, even when you won or the case was dismissed. Indiana addressed this in 2025 when Governor Holcomb signed Senate Bill 142 into law as Public Law 128.12Indiana General Assembly. Senate Bill 142 – Eviction Issues Under the new law, courts can seal eviction records on their own in several situations:
- The case was dismissed. The court can seal the record immediately.
- Judgment was entered in the tenant’s favor. The record can be sealed when the judgment is entered.
- Judgment was overturned on appeal. Once vacated, the record can be sealed.
You can also file your own motion to seal. If a money judgment was entered and you’ve paid it in full, there is no waiting period. If no money was owed to the landlord, you can seek sealing seven years after the case concluded. A legal aid attorney can help make sure the motion is filed correctly.
Where to Get Help
Indiana Legal Services is the state’s largest provider of free civil legal help for low-income residents and handles housing cases, including evictions. The Indiana Judicial Branch also maintains a housing page at in.gov/courts/housing with information on the diversion program, tenant rights, and local resources.7Indiana Judicial Branch. Help with Housing If a 10-day notice has already been served, reaching out before that window closes gives you the best chance of either curing the default or preparing a defense in time.