An Indiana eviction notice drafted by landlords targets tenants who breach their leases. It must outline the violation, provide the legally required response time, and comply with state law. If the situation remains unresolved, landlords can proceed with court action.
By Type
10-Day Notice to Pay Rent or Quit
Use it when the tenant falls behind on rental payments. Once the tenant receives this notice, they have ten days to either pay the rent or vacate the property.
Notice to Quit for Non-Compliance
Use it if the tenant broke the terms of your lease (any except for late rent).
30-Day Lease Termination
Use it if you’re ending a month-to-month lease to inform the tenant that they must move out in 30 days.
90-Day Lease Termination
Use this notice to end year-to-year leases.
Eviction Laws & Requirements
- Eviction Lawsuit: A landlord can recover attorneys’ fees and costs if they are successful in the eviction hearing (Indiana Code 32-31-7-7).
- Late or Non-Payment of Rent: 10 days (Indiana Code 32-31-1-6).
- Grace Period for Non-Payment of Rent: Not required by law, but there may be a grace period included in the lease agreement.
- Notice of Non-Compliance: “Reasonable amount of time” to cure the breach (Indiana Code 31-31-7-7).
How to Evict a Tenant in Indiana
In Indiana, eviction lawsuits are governed by Title 32, Article 31 Landlord-Tenant Relations of Indiana.
Step 1: Deliver the Eviction Notice
The first step in an eviction is to deliver the appropriate Indiana eviction notice to the tenant in person. If you can’t find your tenant, you can deliver the notice to anyone who resides on the premises or post the notice on the tenant’s door.
Step 2: Wait for the Tenant to Act
The tenant can either fix (or “cure”) the problem or move out within the timeframe provided by the notice.
Step 3: File the Eviction Documents
In Indiana, evictions can be filed in Small Claims Court when the amount of rent due is less than $6,000. A landlord or tenant can also file emergency possessory actions in small claims court as well. Emergency orders may be granted if the tenant engages in harmful or damaging behavior while on the property.
Step 4: Serve the Eviction Documents to the Tenant
The tenant must be served a notice that indicates when they should appear in court to defend against the eviction.
Step 5: Attend the Court Hearing
At the hearing, the court will hear a landlord’s arguments and any defenses that a tenant may have against the eviction. A judgment will be made, and the tenant will either be allowed to remain on the property or forcibly removed by the sheriff.
Related Indiana Court Forms
- Example and instructions for a Claim for Possession of Property from Bartholomew County, Indiana
