If you’re a landlord seeking to evict a tenant, use an Indiana (IN) eviction notice to begin the process. Your eviction notice must be written according to Indiana state law, and give your tenant the legally required amount of time to respond or move out.
In Indiana, eviction lawsuits are governed by Title 32, Article 31 Landlord-Tenant Relations of Indiana.
For reference, an Indiana Eviction Notice is also referred to as:
- Indiana Notice to Quit
- Indiana Notice to Vacate
- Indiana Lease Termination
Indiana Eviction Notices by Type
Download a free eviction notice customized for Indiana state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease, and that they must prepare to leave your property. In Indiana, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
Notice to Quit (Non-Compliance): Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In this situation, landlords can begin the eviction process immediately.
10-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In Indiana, landlords must give tenants 10 days to pay rent before the eviction process can proceed in court.
If you wish to send a letter simply reminding your tenant that rent is late (without threat of eviction), use a late rent notice.
Indiana Eviction Laws and Requirements
- Eviction Lawsuits: 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
What is the Eviction Process in Indiana?
Step 1: Deliver the eviction notice
The first step in the eviction process is to deliver the appropriate Indiana eviction notice to the tenant in person. If you can’t find your tenant, then 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 is engaging in harmful or damaging behavior while on the property.
Step 4: Serve the eviction documents on 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 judgement 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 of a Claim for Possession of Property from Bartholomew County, Indiana
Eviction Information for Indiana Tenants and Landlords
Landlords are not permitted to engage in “self-help” evictions to try and force you to move out. If your landlord has changed the locks or shut off your utilities without a court order, you may be able to use an emergency possessory order to get access to your home or belongings.
Tenants may be evicted in some limited circumstances without notice. This includes situations where a tenant does any of the following:
- Commits waste such as willfully destroying the property
- Refuses to pay rent in advance under terms of their contract
- Holds over past the period agreed upon to rent the property
Additionally, if you’ve already gone through the lease termination process, then a tenant is not permitted to remain on the property and can be evicted without notice.
You can take immediate legal action if you believe that the tenant is a threat to the health and safety of themselves or other tenants.