Most owners think of an eviction as a court filing. In practice, the process starts much earlier, with documentation, communication and protecting your legal timeline. In this video, Chris Knight and Michael Taylor of Red Door walk through when an owner should seriously consider an eviction, how to handle tenants who are communicating versus those who are not, and why waiting usually costs more than acting.
Start the Day After Rent Is Due
The process needs to be organized and structured, and it begins the day after your due date. On day one of unpaid rent, reach out: the rent wasn't paid, what's going on, let's figure something out.
The goal at this stage is to open the lines of communication. From there, a late-rent situation usually goes down one of two paths:
- Path one: no communication from the tenant. That is a real problem and calls for a firm, steady escalation.
- Path two: the tenant is communicating, and may have a legitimate reason, such as a job loss or time out of work. That calls for some flexibility, within limits.
A Day-by-Day Escalation Timeline
Many leases include a grace period, often five days. Once that grace period passes, the tenant should receive a formal late notice, and follow-up may include phone calls, texts and emails. From there, contact should ramp up as time goes on:
- Day 5: the grace period ends and the late notice goes out.
- Day 6: a reminder that rent is past due.
- Day 10: the tone gets more serious.
- Day 15: the conversation turns to eviction. Rent needs to be paid now or an eviction will be filed.
Michael's guidance is that owners should be deciding whether to start an eviction around the fifteenth of the month.
Every message should use firm, professional language that states three things: the balance owed, the action required, and the next step that will happen if it isn't taken. Avoid vague or emotional messages. Clear notices protect you later if the matter reaches court.
Don't Let Informal Promises Replace the Process
Chris stressed this point more than any other: do not allow repeated informal promises to become a substitute for your established process. "I'll have it Friday." "I just need another week." "I'm getting help from someone." Each of these sounds reasonable once. Strung together, they can push an unpaid balance out for weeks.
Know Indiana's Rules Before You File
The next responsible step is understanding Indiana's laws around nonpayment and what legal compliance is required before you start an eviction. If you are not sure how to follow those requirements, consult an attorney.
This matters because mistakes show up late. An owner may reach the date they expect the tenant to be out, only to have the judge find that the required timelines weren't followed. At that point the tenant has the advantage, and the owner is back near the start.
When the Tenant Is Communicating: Payment Plans With Deadlines
People lose jobs. People get hurt and can't work for a while. Red Door's view is that you shouldn't act so quickly that there is no room to work through a difficult situation. Payment plans are a legitimate tool.
The balance is that timelines can't go on forever. A workable arrangement needs clear deadlines and a defined cutoff point. Two rules apply:
- Promises don't stop the owner's risk. If a tenant commits to paying next Friday or within two weeks, put the agreement in writing so both parties have signed off on it.
- A failed written promise triggers the next step. If the agreed payment doesn't arrive, the eviction process starts. At that point it is time to take action.
Lease Violations Other Than Nonpayment
Unpaid rent is the most common reason for an eviction, but it isn't the only one. Other situations that can warrant one include:
- An unauthorized pet
- Repeatedly refusing access for inspections, or keeping a room constantly blocked off
- Smoking in the home
- Hoarding
- Damage well beyond normal wear and tear, such as heavily worn walls or carpet
- Drug dealing or other illegal activity at the property
Match the Response to the Severity
These situations are not all handled the same way. Illegal activity at the property, such as drug dealing, is turned over to an attorney the same day. There is no hesitation and no cure period.
Less severe violations, like an unauthorized pet or condition problems, can often be worked out with the tenant. The process is:
- Document the issue.
- Send a written lease violation notice.
- Give a specific deadline to fix it.
- Re-inspect to confirm it has been cured.
- If it hasn't, begin discussing an eviction.
The same principle applies as with late rent: document every step so there is a clear record if you need to go to court.
What Not to Do
Owners cannot take these matters into their own hands. Even when you are frustrated, do not:
- Change the locks
- Remove doors
- Turn off utilities
- Threaten the residents
- Attempt any kind of forced move-out
These actions can land an owner in legal trouble, and they will likely keep the tenant in the home longer than following the proper process would. Document the problem, hand it to your attorney and let the legal process run.
The Cost of Waiting Too Long
Delay costs money in three ways: more lost rent, more damage to the home and extra turnover time. Whether the issue is nonpayment, damage or prohibited activity, every week of waiting adds to the bill.
One common reason owners hesitate is to avoid attorney fees. In most cases, paying those fees early saves money, provided you've followed the steps above. Consider a tenant who has stayed two months with unpaid rent because the owner held off. That is a considerable loss that an earlier filing could have limited. Acting promptly stops the bleeding, gets the property back and lets you move on to the next lease.
How Red Door Handles It
Red Door's approach to collections and lease enforcement is built on process: notices on a set schedule, written agreements, documented inspections and early involvement of an attorney when the situation calls for it. If you own a rental in the metro area and want that process handled for you, learn more about our Indianapolis property management services.
Frequently Asked Questions
When should I start contacting a tenant about late rent?
The day after the due date. Reach out right away to find out what's going on and open communication, then send a formal late notice once any grace period, often five days, has passed.
When should I decide whether to file an eviction for nonpayment?
Around the fifteenth of the month. By then the tenant should have received escalating notices on days 5, 6 and 10, and the day 15 message should make clear an eviction is next if rent isn't paid.
Should I agree to a payment plan with a tenant who is behind?
It can be reasonable if the tenant is communicating and has a legitimate reason. Put the agreement in writing with clear deadlines, and start the eviction process if the written promise isn't kept.
Can I change the locks or shut off utilities to get a tenant out?
No. Changing locks, removing doors, shutting off utilities, threatening residents or forcing a move-out can get you in legal trouble and will likely keep the tenant in the home longer. Document the issue and hand it to your attorney.
What does waiting too long to evict actually cost?
More lost rent, more property damage and longer turnover time. A tenant who stays two months with unpaid rent is a considerable loss that an earlier filing could have limited.
Video Transcript
Chris Knight: Today, we are answering a difficult owner question: when should you consider starting an eviction? The surprising answer is usually earlier than the court filing, because the process begins with documentation, communication, and protecting the owner's legal timeline.
Mike, let's talk about this. When is the proper time to consider initiating the eviction when a tenant has stopped paying their rent?
Michael Taylor: Everything needs to happen a lot sooner than you think. The process, first of all, needs to be very organized and structured. It needs to start the day after your due date; that's when it needs to begin. You need to start reaching out to them and say, "Hey, your rent wasn't paid. What's going on?"
Are we getting communication with the tenant? So that needs to happen on day one that the rent has not been paid: what's going on? Let's figure something out. Let's open the lines of communication.
If you have no communication, that is a real problem. That's kind of like path one. And then you have path two of, okay, you've got some communication. Maybe you've got a legitimate reason for that. That's path two, which I think we should also talk about.
Chris Knight: Once we've determined that the rent is late, as of day one, or whatever the grace period may be. So in a lot of cases, they have a five-day grace period. So as of day five, they are receiving this late notification. And this may even require phone calls, texts, emails, and then we're talking about escalating the situation.
Michael Taylor: Day five?
Chris Knight: Yes.
Michael Taylor: Day six is like, "Hey, this is a reminder that your rent is due." Day ten, "Hey, we're starting to get real serious." Day fifteen, it's like, "Okay, we're starting to talk about an eviction. We're not messing around anymore. We need our money now or we're gonna do an eviction."
Chris Knight: Bingo.
Michael Taylor: So it needs to ramp up as time goes on.
Chris Knight: Yes. Use firm, professional language that states the balance, required action, and the next action that's going to take place.
I can't stress this enough. Do not allow repeated informal promises to become a substitute for the established process. "I promise to pay my rent here." There's nothing wrong with establishing payment plans, and we'll get into that here in just a minute.
As this process continues, the next responsible part in your consideration process needs to be understanding Indiana's non-payment regulation and laws that surround the possibility of you initiating the eviction, and what legal compliance is necessary for you to follow.
So if you're unaware of how to follow those, it's important that you consult an attorney to make sure that you follow the necessary steps. Or by the time it comes to the date in which you think they're going to exit the property, the judge is gonna tell you that you didn't follow the necessary timelines, and the tenant's gonna have a leg up in that situation. Mike, what do you think?
Michael Taylor: You gotta decide when you're going to start that eviction. You really should be doing that around the fifteenth of the month.
Let's talk about number two, which is where we've maybe got some communication with the tenant, and maybe they lost their job or they want to work out a payment plan or something. People lose their jobs, people get hurt and can't work. I wouldn't act so quickly that you don't have any compassion or you can't work through a difficult situation, right? So there is a little bit of a balance that you have to create here.
The tough part, Chris, is, like you were mentioning before, don't let these timelines go on forever. "I'll have it Friday. I just need another week. I'm getting assistance from the county or my brother or whatever." Okay, those things can happen, but we need to have clear deadlines and a cutoff point of enough is enough. Show me the money or I gotta start the eviction.
Chris Knight: Yes, sometimes you have to evolve with the natural situation of a person's life, and that's okay. Now, one thing I do want to mention when you're considering doing that is, number one, promises do not stop the owner's risk.
If someone's going to commit to making a payment next Friday or within two weeks, I would absolutely suggest, and Mike, let me know if you agree, put this in writing. This has to be in writing, so both parties have agreed to it. And then you're also going to have to start the eviction process following this failed promise.
And then it's time to get serious. Promises start to fall short. We can't have this continue on forever. It's time to take action.
Michael Taylor: There are other issues that do warrant an eviction other than non-payment. So you have a tenant that's not paying, but a lot of other things happen at a house. Like an unauthorized pet. It could be that they never allow you access to the home. You're trying to do an inspection and it's never a good day, they don't want you there without them, or they have one room that's constantly blocked off.
It could be smoking in the house. It could be as bad as a hoarder. What if you have a hoarder in your house? What if some of the worst-case scenarios happen, because they do? What if you have somebody that's dealing drugs out of your house? What if you have somebody that has criminal activity? These are all reasons, and reasons that happen in real life, that warrant an eviction.
Chris Knight: So you've walked a property, and you've found that, let's say, the walls are heavily worn above normal wear and tear, or maybe the carpet's heavily worn above normal wear and tear. What are the next actions?
Michael Taylor: We went through a big list of things, from an unauthorized pet to bad walls, all the way to hoarders, drugs, and criminal activity. So a big extreme there. But criminal activity, drugs, these guys are out instantaneously. I'm turning this over to my attorney literally that day. There's nothing else that I need to do. That needs to happen instantaneously. There is no hesitation.
An unauthorized pet, the condition is not as good as you would like: it's going to depend on the severity of the situation, but you could work with the tenant in that situation. You can issue them a lease violation and give them an opportunity to cure that.
But the important part is you've got to again go through that process: get it documented, send the lease violation, give them a deadline to fix it by, and then go back and re-inspect to make sure that it has been cured, has been fixed. And then if it hasn't, then maybe it's time to start talking about the eviction.
Let's talk about one other topic, and that is what not to do. You can't take these matters into your own hands. So don't change the locks, don't remove doors, don't turn off utilities, don't threaten the residents, don't try to do any sort of forced move-out. All of this needs to be documented and done through the proper channels.
You can't just go out there and change the locks. That is absolutely the wrong thing to do. That will land you in trouble, and that will probably keep your tenant in there longer than if you did anything else.
So just a word of caution. You can't just get mad and say, "I found somebody hoarding in my house. I'm gonna change the locks and kick them out." You can't do that. You gotta go through the proper channels, do the documentation, and hand it over to the attorney. Don't try to do this yourself.
Chris Knight: Mike, what are some of the costs that someone might incur by not reacting quickly or waiting too long?
Michael Taylor: It's more lost rent and it's more damage to your home.
Chris Knight: Bingo.
Michael Taylor: You're either kicking them out because they didn't pay rent, or they're damaging your home, or they're doing something in there that you don't want them to do. So it's just costing you money. That's all it is. Delaying on these decisions is just gonna cost you money. It's gonna cost you extra turnover time. Delaying is just gonna cost you money.
Chris Knight: One of the common reasons for delay is very likely not wanting to incur attorney costs, right? They hope that they can avoid those additional costs. When in fact, incurring those additional costs is very likely going to save you money, as long as you've followed some of the steps here that we've already outlined.
So, for example, if you're waiting too long and they've been in the property now for two months with unpaid rent, you've lost yourself a considerable amount of money when you could have initiated the eviction. And you can stop some of that bleeding, get the tenant out, stop the property damage, and move forward with the eviction.
If you own a rental property or you're considering buying, selling, or renting one, visit reddoorents.com and connect with our team. Red Door Property Management provides smarter property management powered by process, data-driven decisions, and local market expertise. Thanks for watching, and we'll see you in the next segment.
