Indiana 10 Day Notice to Pay or Quit

An Indiana 10 Day Notice To Quit is a letter that complies with state legal requirements to begin eviction against a tenant for nonpayment of rent. The must pay the balance due or move out within ten (10) calendar days of receiving notice.

When To Use an Indiana 10 Day Notice To Quit

An Indiana 10 Day Notice To Quit begins the eviction process when the tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.

warning

Many Indiana properties are federally entitled to a minimum 30 days of advance notice before a landlord can file an eviction for nonpayment of rent or other fees. This minimum applies to any residential property covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, even after the act’s other protections have expired.

Some types of Indiana lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write an Indiana 10 Day Notice To Quit

To help ensure the legal compliance of a Notice To Quit:

Use the full name of the receiving parties, and address of record, if known
Specify the termination date of the lease or tenancy
Specify the basis upon which tenancy will terminate, and the payment necessary to avoid termination
Fill in the full address of the rental premises
Provide updated/current address and phone number information
Print name and sign the notice
Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve an Indiana 10 Day Notice To Quit

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

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 IN Code § 32-31-1-6: Sec. 6. If a tenant refuses or neglects to pay rent when due, a landlord may terminate the lease with not less than ten (10) days notice to the tenant unless:

(1) the parties otherwise agreed; or

(2) the tenant pays the rent in full before the notice period expires.
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2 Ind. Code § 32-31-1-9: (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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3 Hazelwood v. The Common Wealth Apartments, No. 23A-EV-1404, 9 (Ind. App. Mar. 22, 2024): “…the notice provision did not expire with the temporary eviction moratorium… a thirty-day notice to vacate [is] required by 15 U.S.C. § 9058(c) before initiating eviction proceedings…”
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