If a resident refuses to surrender leased premises, an owner or operator entitled to possession must resort to his/her legal remedy, which is generally eviction procedures. The use of force (traditionally called “forcible entry and detainer” or “self help”) likely would subject the owner or operator to damages for breaching the peace. Indiana courts have held that a lease provision designed to allow forcible entry and detainer is void.

Indiana law allows an owner or operator to void a lease and enter the leased premises without process of law where an indecent nuisance has been committed. (Ind. Code § 32-30-7-25.) (See Management Issues, Nuisance.) The Indiana Legislature enacted this statute to rid communities of prostitution and other forms of socially unacceptable behavior. This statute can only be applied where there is an indecent nuisance. It cannot be relied upon to forcibly remove a resident without process of law in any other situation.