An Indiana 10 Day Notice to Quit is a legal eviction form written by the landlord and served to the tenant for nonpayment of rent. The tenant has the opportunity to pay the balance due, otherwise the tenant must vacate the premises within ten (10) calendar days.
When to Use an Indiana 10 Day Notice to Quit
Use a 10 Day Notice to Quit to begin the eviction process in Indiana if the tenant is late on rent (starting the day after it’s due), either in part or in full.
If the above is not true, use one of the below forms to evict a tenant:
- 45 Day Notice to Vacate – If the tenant committed a nuisance on the premises.
- Notice to Comply or Vacate – If the tenant committed a health/safety violation, caused property damage or physical harm or violated any other terms of the lease or rules/regulations.
- 30 Day Notice to Vacate – If the tenant or the landlord is terminating a month-to-month lease. This notice may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write an Indiana 10 Day Notice to Quit
The 10 Day Notice to Quit form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Enter the amount of rent due and the date it became due;
- Include the total amount to be paid;
- The date the total amount is due or the date the tenant must vacate the premises;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve an Indiana 10 Day Notice to Quit
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) calendar days to the notice period to account for variability in post office delivery times.
Sources
- 1 IN Code § 32-31-1-6
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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.
Source Link - 2 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 - 3 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.
Source Link