Notice Requirements to Remove a Long-Term Occupant Without a Lease
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 24, 2026
Legal Inquiry
Consumer Legal Issue
I need to get someone out of my house. They give me money to pay bills but do not pay them directly. Do I have to give them 30 days to vacate?
No and 5 months.
Attorney Answer
Yes — Indiana requires written notice before this person must leave, but which notice rule applies depends on how the arrangement is legally categorized, and either way you cannot remove them without going through a notice-and-court process.
If the contributions toward bills are treated as rent paid in kind, this is not a tenancy at will. Indiana Code § 32-31-1-1(b) says a tenancy at will "cannot arise or be created without an express contract," so it can never be implied from an informal arrangement. What you have instead is a month-to-month tenancy: under Indiana Code § 32-31-1-2, a general tenancy in which the premises are occupied by the express or constructive consent of the owner is a tenancy from month to month. For a periodic tenancy of three months or less, Indiana Code § 32-31-1-4 requires written notice equal to the interval between the rent periods — one month if the payments were monthly, but only one week if they were made weekly. If instead there's no rent-like exchange and the person is simply a guest or licensee with no lease, they still cannot be forcibly removed — you would instead need to give reasonable notice to leave, followed by a court action if they refuse.
Either way, self-help eviction — changing the locks, removing belongings, or shutting off utilities — is illegal in Indiana.
What you can do:
1. Deliver written notice to vacate — under Indiana Code § 32-31-1-4, the notice must equal the interval between payments, so one month if they paid monthly and one week if they paid weekly.
2. Keep a copy of the notice and proof of when and how it was delivered.
3. If the person doesn't leave by the deadline, file an eviction or ejectment action in court — do not attempt self-help removal.
4. Consult a local landlord-tenant attorney to confirm which category applies and the exact notice required.
⏱ Time limits apply. Indiana requires a specific statutory notice period before this occupant must vacate — a local attorney can confirm the exact period for your situation and the next court step if they don't leave.
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Courts & Legal Aid in Indiana
- File or look up a case through the Indiana Courts, which serves the state.
- Get free civil legal help from Indiana Legal Services.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
- Visit HUD — Housing Discrimination Complaint to report housing discrimination.
- Visit CFPB Consumer Tools to tenant, mortgage, and eviction resources.
Frequently Asked Questions
Do I need to give written notice to remove someone living in my home without a lease?
Generally yes — depending on how the arrangement is characterized, many states require some form of written notice before an occupant must leave, even without a formal lease.
Is it legal to change the locks or remove someone's belongings myself?
No — self-help eviction, such as changing locks or removing belongings without a court process, is generally illegal, regardless of whether a formal lease exists.
What happens if the occupant doesn't leave after notice is given?
Generally, the next step is filing an eviction or ejectment action in court, since removing the person without a court order is not permitted.
