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 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 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 in Indiana, rent is late 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
A landlord can deliver notices in Indiana using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to a person of suitable age and discretion at the property AND mailing the notice by certified or registered mail with a return receipt;
- Posting the notice in a conspicuous place at the premises, such as the entry door, AND mailing the notice by certified or registered mail with a return receipt.
When sending the notice by certified or registered mail, add three (3) additional calendar days to the notice period to account for variability in post office delivery times.
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.
- Certified or Registered Mail – via a return receipt and by completing a Declaration of Service at the time of mailing.
- Posting at the Premises – by taking a photograph and completing a Declaration of Service at the time of delivery.
Indiana Eviction & Lease Termination Notice Forms
| Notice Form | Grounds |
| 10 Day Notice to Quit | Eviction for Unpaid Rent |
| Notice to Comply or Vacate | Eviction for Lease Violations |
| 45 Day Notice to Vacate | Eviction for Incurable Breach |
| 30 Day Notice to Vacate | Ending a Monthly Lease / No Lease |
| 90 Day Notice to Vacate | Ending a Yearly Lease |
Sources
- 1 IN Code § 32-31-1-9
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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.
Source Link - 2 Indiana Court Rules of Civil Procedure - Rule 6
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Additional time after service by United States mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by United States mail, three [3] days shall be added to the prescribed period.
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