In Indiana, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Indiana?
In Indiana, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Indiana?
In Indiana, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 10 Day Notice to Quit, the eviction notice form is used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Indiana, rent is late starting the day after it’s due.
The landlord is not legally required to serve an eviction notice for tenants committing waste on the premises. The landlord may go directly to the courthouse on a judicial day (a day when the courthouse is open) to begin eviction proceedings.
Acceptable Forms of Service in Indiana
Indiana landlords may deliver a written eviction notice using any of these methods:
- Hand delivery to the tenant
- Only if hand delivery to the tenant fails: Hand delivery to a person on the property who can accept the notice on behalf of the tenant, PLUS explaining the contents of the notice to that person
- Only if all forms of hand delivery fail: Posting the notice to a conspicuous place at the property, such as the entry door
Obtaining Proof of Service in Indiana
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Posting at the Premises – by taking a photograph and completing a Declaration of Service at the time of delivery
Indiana Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 10 Day Notice To Quit | Eviction for Unpaid Rent |
| Notice To Comply or Vacate | Eviction for Lease Violation |
| 45 Day Notice To Vacate | Eviction for Criminal, Illegal Activity |
| 30 Day Notice To Vacate | Ending a Monthly Lease / No Lease |
| 90 Day Notice To Vacate | Ending a Yearly Lease |
Sources
- 1 Ind. Code § 32-31-1-9
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(a) Notice required under sections 1 through 7 of this chapter may be served on the tenant.
(b) If the tenant cannot be found, notice may be served on a person residing at the premises. The person serving the notice must explain the contents of the notice to the person being served.
(c) If a person described in subsection (b) is not found on the premises, notice may be served by affixing a copy of the notice to a conspicuous part of the premises.
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