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Eviction in Elkhart County (Elkhart), Indiana

Where eviction cases are filed in Elkhart County (Elkhart), what it costs, local rent levels and where to get help — with the official court, county and HUD sources.

Quick facts: eviction in Elkhart County (Elkhart)

Eviction court
Elkhart Superior Court 5 (small claims and eviction cases) — Superior Court (small claims docket) Court page
Filing fee
Small claims filing (courts other than Marion County township courts): $97 total for a paper filing, or $87 if filed through the Indiana electronic filing system; an additional $28 if service by the sheriff is requested. Indiana Trial Court Fee Manual (Indiana Office of Court Services, current through 2026 legislative session), section 9, Filing Fees/Costs for Small Claims Cases
Notice before filing (state law)
Not less than 10 days' notice to pay or vacate, unless the parties agreed otherwise or the tenant pays in full within the notice period. Indiana rules
HUD Fair Market Rent, 2-bedroom (FY2026)
$1,183/month HUD
Renter households
20,560 (28% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-28

Where eviction cases are filed in Elkhart County (Elkhart)

Eviction cases in Elkhart County (Elkhart) are heard by the Elkhart Superior Court 5 (small claims and eviction cases) (Superior Court (small claims docket)).

Under the Local Rules for Elkhart County (effective January 1, 2026), Elkhart Superior Court 5 is assigned 100% of small claims (SC) and 100% of eviction (EV) cases. The Indiana court directory lists the Clerk's Office and Superior Court 5 at 1905 Reliance Road, Goshen.

How much it costs to file an eviction in Elkhart County (Elkhart)

Small claims filing (courts other than Marion County township courts): $97 total for a paper filing, or $87 if filed through the Indiana electronic filing system; an additional $28 if service by the sheriff is requested.

Statewide schedule. The $97 total includes a $10 small claims service fee for each named defendant (not charged on e-filed cases). Ask the clerk whether additional local fees apply and about filing without prepaying costs if you cannot afford them.

Source: Indiana Trial Court Fee Manual (Indiana Office of Court Services, current through 2026 legislative session), section 9, Filing Fees/Costs for Small Claims Cases

How eviction cases work locally

Bifurcated hearingsPossession cases are split: the initial possession hearing is set on the small claims calendar and possession is decided there; a separate damages hearing is set for unpaid rent, repairs, cleaning and missing property (and any counterclaim for damages or deposit refund). Local Rule LR20-SC16-513(A).
Documents landlords must fileThe landlord must file any written lease (with extensions and addendums) and written default notices with the Notice of Claim, plus a court-approved Verification of Ownership naming the owner (for an LLC, also the majority owner). A non-owner plaintiff such as a property manager must be represented by an attorney. LR20-SC16-513(B)-(E).
Writ of restitutionUnless the court orders otherwise, a Writ of Restitution (Assistance) for the Sheriff is not issued until 7 days after the order of possession, and possession orders expire 30 days after entry. LR20-SC16-513(G).
ContinuancesIn possession cases, a defendant's continuance is granted only on good cause shown and approval by a judicial officer. Local small claims rule on continuances.
Tenant property left behindThe local rule sets out how a landlord may store property of value left after an eviction and notify the tenant by first-class mail that it is available for 14 days. LR20-SC16-513(H).

The Indiana eviction process

Indiana state law sets the notice periods and court steps everywhere in the state, including Elkhart County (Elkhart):

  1. Serve notice: 10-day notice to pay or vacate for nonpayment, or the applicable termination notice for periodic tenancies
  2. File a complaint for possession (and damages) in a court with jurisdiction, often the small claims docket
  3. Optional: file an affidavit for immediate possession; the court issues an order to show cause with a hearing no earlier than 5 business days after service
  4. Possession hearing; judgment for possession
  5. Separate damages hearing may follow for unpaid rent and damages
  6. Order/writ of possession executed by sheriff or other executing officer

Full Indiana eviction rules with sources →

Rent in Elkhart County (Elkhart)

HUD FY2026 Fair Market Rents for the Elkhart-Goshen, IN MSA (the rent levels used for Section 8 vouchers):

Studio$968
1 bedroom$992
2 bedrooms$1,183
3 bedrooms$1,553
4 bedrooms$1,581

Source: HUD Fair Market Rent documentation

Median gross rent in Elkhart County (Elkhart): $1,047/month (Census ACS 2020–2024 5-year estimates).

County tenant ordinance

No county-level landlord-tenant ordinance identified; eviction procedure follows state law. City rules, if any, are on city pages.

Eviction help in Elkhart County (Elkhart)

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Tenant and eviction lawyers in Elkhart County (Elkhart)

Other Indiana counties

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Frequently asked questions

Where do I file an eviction in Elkhart County (Elkhart)?
Eviction cases in Elkhart County (Elkhart) are filed with the Elkhart Superior Court 5 (small claims and eviction cases).
How much does it cost to file an eviction in Elkhart County (Elkhart)?
Small claims filing (courts other than Marion County township courts): $97 total for a paper filing, or $87 if filed through the Indiana electronic filing system; an additional $28 if service by the sheriff is requested.
Where can I get help with an eviction in Elkhart County (Elkhart)?
Indiana Legal Services - South Bend Office; Volunteer Lawyer Network - Elkhart County Housing and Eviction Clinic.
What is the fair market rent in Elkhart County (Elkhart)?
HUD's FY2026 Fair Market Rent for a 2-bedroom unit is $1,183 per month (1-bedroom: $992).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.