Indiana Common Disputes

What is subsidized housing?

Subsidized housing is when the government pays for part of a family's rent. The most common types are Section 8 and Public Housing.

What responsibilities do I have as a tenant in Indiana?

As a tenant in Indiana, you must keep your rental unit clean, not damage the property, comply with the lease terms, and pay rent on time. You are also responsible for ensuring smoke detectors remain functional.

Can my landlord evict me without a court order in Indiana?

No, your landlord may not evict you without a court order in Indiana. They also cannot lock you out of your rental unit.

How will I know if my landlord is trying to evict me?

You will know you are being evicted when you are served a Complaint, Notice of Claim and Summons by the county sheriff. This will happen 5-20 days before your court date.

What should I do if I'm served with eviction papers?

If served with eviction papers, you should go to court. If you don't, the judge will likely grant the landlord a default judgment and you will be evicted.

How much rent will I pay in subsidized housing?

In public housing or Section 8, your rent is generally 30% of your income after certain deductions. However, you may be charged a minimum rent up to $50 even with little or no income.

What are my rights if I'm a victim of domestic violence in Indiana?

If you have a protective order, your landlord cannot terminate your lease or retaliate solely because of the order. They must also change your locks and cannot give the perpetrator access to the premises.

What happens in court during an eviction hearing?

In court, your landlord may ask you to sign an agreement. If you disagree, ask to speak to the judge. When the judge asks for your side, calmly explain your facts and defenses.

What can I do if I disagree with the judge's eviction decision?

If you disagree with the judge's order, you can file a Motion to Correct Error or an appeal within 30 days of the order being entered. For default judgments, you have one year to ask for it to be vacated.

Where can I find free legal help for evictions in Indiana?

You can apply for free legal services from Indiana Legal Services by calling 1-844-243-8570 from 10am-2pm Monday-Friday or applying online anytime at https://www.indianalegalservices.org/applyonline. Indiana Courts and Indiana Legal Help also have eviction information.

How can I defend myself if my landlord is trying to evict me for non-payment of rent?

If your landlord is evicting you for non-payment, tell the judge if you didn't receive a 10-day demand letter, are being charged illegal fees, or if you paid or tried to pay the rent and have proof.

What are the two common types of Section 8 housing?

The two common types of Section 8 are tenant-based, where you get a voucher to use with any willing landlord, and project-based, which is a privately owned complex with some or all units reserved for Section 8 tenants.

What can I do if my landlord isn't making necessary repairs?

If your landlord fails to make needed repairs, put the request in writing, date it, keep a copy and allow a reasonable time for repairs. If they still refuse, you can sue your landlord, but make sure you're in compliance with the lease to avoid an eviction countersuit.

Will my rent go down if I lose my welfare benefits while in subsidized housing?

If you're in public housing or tenant-based Section 8, your rent won't decrease if you lose welfare for not meeting work requirements. But it can go down if you lose benefits due to time limits. In project-based Section 8, rent decreases if income decreases.

What deductions can be taken from my income to reduce rent in subsidized housing?

Deductions that can reduce your rent include earnings from training programs, subsidized employment, childcare costs, having children, elderly or disabled household members, and some medical expenses. These are subtracted from gross income before calculating rent.