An Indiana 45 Day Notice to Vacate is an official eviction letter written by the landlord and served to the tenant for an incurable breach, such as committing vandalism on the premises. There is no option to fix the violation and the tenant must move out within forty five (45) calendar days.
When to Use an Indiana 45 Day Notice to Vacate
Use a 45 Day Notice to Vacate to begin the eviction process in Indiana if the tenant committed a nuisance, such as vandalism or possession of controlled substances on the premises.
If the above is not true, use one of the below forms to evict a tenant:
- 10 Day Notice to Quit – If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- Notice to Comply or Vacate – If the tenant failed to comply with health/safety rules, damaged property or caused physical harm or violated any other violations of the lease or property rules.
- 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 45 Day Notice to Vacate
The Indiana 45 Day Notice to Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the incurable breach or violation;
- Include the tenant’s balance due, if applicable;
- Enter the date the tenancy terminates;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve an Indiana 45 Day Notice to Vacate
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.
- 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.Source Link
- 2 IN Code § 32-31-1-9
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
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  days shall be added to the prescribed period.Source Link