An Indiana eviction notice form for nonpayment of rent is a written document that states a tenant has 10 days to pay the rent or to vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Indiana.
Types of Eviction Notices
Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.
Grounds | Time | Curable? |
---|---|---|
Unpaid Rent | 10-Day | Yes |
Lease Violation | Undetermined | Yes |
Lease Termination | 30/90-Day | No |
Illegal Drug Activity | 45-Day | No |
10-Day Notice to Pay (Nonpayment of Rent)
A landlord is allowed to evict a tenant for failing to pay rent on time.
According to Indiana law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease/rental agreement.
Once rent is past due, the landlord must provide tenants with a 10-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 10 days to avoid eviction.
However, this notice isn’t required if the lease or rental agreement provides a different time period, or if the lease or rental agreement states that no notice is required.
If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.
The Eviction Notice for Nonpayment of Rent should state exactly or substantially conform to the following:
(insert date here)
To (insert name of tenant here):
You are notified to vacate the following property not more than ten (10) days after you receive this notice unless you pay the rent due on the property within ten (10) days: (insert description of property here).
(insert name of landlord here)
Get the downloadable 10-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).
Notice to Cure or Vacate (Non-Compliance)
A tenant can be evicted in Indiana if they do not uphold their responsibilities under the terms of a written lease or rental agreement. Indiana landlords are required to provide tenants with written notice giving them a reasonable amount of time to correct the issue prior to filing an eviction action with the court. Landlords may file an eviction case in several different types of courts, each court has its own rules on what a “reasonable” amount of time is.
Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.
The notice should include the specific lease violation and how much time the tenant has to correct the issue in order to avoid eviction. If the tenant fails to correct the issue by the deadline or remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Get the downloadable Eviction Notice for Noncompliance form template below (.pdf direct link).
30/90-Day Lease Termination Notice (No Lease/End of Lease)
In the state of Indiana, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and month-to-month tenants.
Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.
The amount of time required in the notice depends on whether the tenancy is at-will or yearly.
- At-Will Tenants – For tenancies-at-will, landlords must provide their tenants with a 30-Day Notice to Quit.
- Year-to-Year – If the tenancy is year-to-year, a landlord must provide the tenant with a 90-Day Notice to Quit.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
The notice for terminating a year-to-year tenancy must exactly state or substantially conform to the following:
(insert date here)
To (insert name of tenant here):You are notified to vacate at the expiration of the current year of tenancy the following property: (insert description of property here).
(insert name of landlord here)
Get the downloadable 30/90-Day Lease Termination Notice form template below (.pdf direct link).
45-Day Notice to Quit (Illegal Drug Activity)
Landlords who want to evict a tenant because of illegal activity may or may not be required to provide tenants with prior written notice, depending on the type of activity.
For evictions due to illegal drug activity (possession, sale, manufacture, storage, transportation), 45 days’ written notice is required prior to beginning the eviction action.
For evictions due to prostitution, the lease or rental agreement is automatically voided, and no prior written notice is required.
For evictions due to waste, no prior written notice is required for at-will tenants.
If the tenant remains on the property after the notice period (if any) expires, the landlord may proceed with the eviction process.
The notice should include the date the tenancy will terminate.
Get the downloadable 45-Day Eviction Notice for Illegal Drug Activity form template below (.pdf direct link).
What to Include in Indiana Eviction Notices
The type of information required on an Indiana eviction notice varies based on the reason for the eviction. The specific requirements are addressed under each eviction type below. In addition, it’s also a good idea to include:
- The date the tenancy will terminate;
- The reason for the eviction; and
- The tenant’s name and contact information.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
Delivering Eviction Notices in Indiana
In the state of Indiana, landlords can deliver an eviction notice by any of the following methods:
- Giving it to the tenant in person;
- Leaving a copy with someone residing at the rental unit if the tenant cannot be found; or
- Posting a copy of the notice in a conspicuous place at the rental unit if no one can be found.
Eviction Process in Indiana
- An eviction notice is posted by the landlord to vacate or “cure” the issue.
- If the tenant does not vacate when required to do so, a complaint is filed by the landlord with the county court.
- A hearing is held and judgment issued.
- If an eviction is granted, Writ of Execution is posted at the property, giving final notice to the tenant to remove their belongings.
- Finally, the sheriff returns possession of the property to the landlord.
To learn more about the eviction process in Indiana, click here.
Sources
- 1 IN Code §32-31-1-6 (2019)
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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.
- 2 IN Code §32-31-1-9 (2019)
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(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.
- 3 IN Code §32-31-1-5 (2019)
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The following form of notice may be used when a tenant fails or refuses to pay rent: (insert date here) To (insert name of tenant here): You are notified to vacate the following property not more than ten (10) days after you receive this notice unless you pay the rent due on the property within ten (10) days: (insert description of property here). (insert name of landlord here)
- 4 IN Code §32-31-7-7 (2019)
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(b) Except as provided in subsection (c), a landlord may not bring an action under this chapter unless the following conditions are met: (1) The landlord gives the tenant notice of the tenant’s noncompliance with a provision of this chapter. (2) The tenant has been given a reasonable amount of time to remedy the noncompliance…
- 5 IN Code §32-31-1-1 (2019)
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(a) A tenancy at will may be determined by a one (1) month notice in writing, delivered to the tenant.
- 6 IN Code §32-31-1-3 (2019)
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A tenancy from year to year may be determined by a notice given to the tenant not less than three (3) months before the expiration of the year.
- 7 IN Code §32-31-1-5 (2019)
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The following form of notice may be used to terminate a tenancy from year to year: (insert date here)To (insert name of tenant here): You are notified to vacate at the expiration of the current year of tenancy the following property: (insert description of property here). (insert name of landlord here)
- 8 IN Code §32-31-1-8 (2019)
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Notice is not required to terminate a lease in the following situations:(3) A tenant at will commits waste. (4) The tenant is a tenant at sufferance… (6) The landlord-tenant relationship does not exist.
- 9 IN Code §32-30-8-5 (2019)
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(a) 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.
- 10 IN Code §32-30-7-1 (2019)
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As used in this chapter, “indecent nuisance” means a: (1) place in or upon which prostitution (as described in IC 35-45-4)…is conducted, permitted, continued, or exists, and the personal property and contents used in conducting and maintaining the place for such a purpose.
- 11 IN Code §32-30-7-25 (2019)
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(a) This section applies to a tenant or occupant of a building or tenement, under a lawful title, who uses the place for acts that create an indecent nuisance. (b) The owner of a place described in subsection (a) may void the lease or other title under which the tenant or occupant holds…Without process of law, the owner may make immediate entry upon the premises.