Understanding Eviction Notices in Indiana
Before starting an eviction case, Indiana landlords must serve tenants with written notice that complies with Indiana Code Title 32, Article 31. The notice must clearly state the lease violation or reason for ending the tenancy, provide a deadline for compliance or move-out, and be delivered properly.
Indiana law requires 10 days’ notice for rent nonpayment and a reasonable time to fix lease violations. For periodic lease terminations, landlords must provide 30 or 90 days’ written notice, depending on the lease type.
Legal Templates’ form builder makes it easy to create Indiana-compliant eviction notices in just a few minutes.
Types of Eviction Notices in Indiana
Indiana landlords must select the correct notice based on the tenant’s lease and the nature of the issue. Each type of notice has a required minimum timeframe and specific legal references under Indiana landlord-tenant statutes.
10-Day Notice to Pay Rent or Quit
Under IN Code § 32-31-1-6, the landlord may issue a 10-day notice to pay or quit if a tenant fails to pay rent. The tenant must pay all owed rent within 10 days or move out, or the landlord can file for eviction.
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
If a tenant violates the lease in a way unrelated to rent (e.g., property damage or unauthorized occupants), landlords may serve a notice to comply or quit. Indiana law requires landlords to give tenants a “reasonable amount of time” to fix the issue, per IN Code § 32-31-7-7. What is considered “reasonable” may vary depending on the violation.
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 Notice (Month-to-Month Tenancy)
In Indiana, landlords are required to give tenants a 30-day written notice to terminate a month-to-month rental agreement. This applies when there is no lease violation; it can simply be for ending the agreement.
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 Notice (Year-to-Year Tenancy)
Indiana law requires landlords to serve a 90-day notice to terminate a year-to-year or long-term fixed lease. This provides ample time for the tenant to make arrangements before vacating.
90-Day Lease Termination
Use this notice to end year-to-year leases.
How to Evict a Tenant in Indiana
Eviction proceedings in Indiana follow the steps laid out in IN Code § 32-31. Here’s how the process works:
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 rent due is less than $6,000. A landlord or tenant can also file emergency possessory actions in small claims court. 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 with 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
