Indiana 45 Day Notice To Vacate

Last Updated: March 30, 2024 by Roberto Valenzuela

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:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis upon which tenancy will terminate
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. 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:

  1. Hand delivery to the tenant
  2. 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
  3. Only if all forms of hand delivery fail: Posting the notice to a conspicuous place at the property, such as the entry door

    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.