Indiana 45 Day Notice to Vacate | Eviction Notice Form

An Indiana 45 Day Notice To Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for an “incurable” breach of the lease (i.e., one which the tenant isn’t allowed an opportunity to correct), such as committing vandalism on the premises. The tenant must move out within forty-five (45) calendar days of receiving notice.

When To Use an Indiana 45 Day Notice To Vacate

An Indiana 45 Day Notice To Vacate begin the eviction process when the tenant commits a criminal or illegal activity, such as vandalism or possession of controlled substances on the premises.

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 45 Day Notice To Vacate

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

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
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 45 Day Notice To Vacate

Indiana landlords may deliver a Notice To Vacate 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 § 32-30-8-5: A person initiating an action under this chapter to abate a nuisance existing on a property shall, at least forty-five (45) days before filing the action, provide notice to:

(1) each tenant of the property; and

(2) the owner of record;

that a nuisance exists on the property.

(b) The notice required under this section must specify the following:

(1) The date and time the nuisance was first discovered.

(2) The location on the property where the nuisance is allegedly occurring.

(c) The notice must be:

(1) hand delivered; or

(2) sent by certified mail;

to each tenant and the owner of record.
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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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