An Indiana eviction notice form is a legal letter provided to a tenant directing them to correct a breach of their obligations and/or vacate the premises. In Indiana, eviction notices can be served for the nonpayment of rent, lease violations or participating in illegal activity.
Types of Indiana Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 10 Day Notice to Quit | Unpaid Rent | Yes |
| Notice to Comply or Vacate | Lease Violation | Yes |
| 45 Day Notice to Vacate | Incurable Breach | No |
| 30 Day Notice to Vacate | Monthly Lease /
No Lease |
No |
Indiana 10 Day Notice to Quit
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An Indiana 10 day Notice to Quit form is used for an eviction for nonpayment of rent. The tenant has the option to remedy by paying the balance due, otherwise the tenant must move out and deliver possession of the premises within ten (10) calendar days.
Indiana Notice to Comply or Vacate
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An Indiana Notice to Comply or Vacate is an official eviction document delivered to the tenant for a breach of the lease, such as causing property damage or failing to maintain the premises in a clean and sanitary manner. Indiana state law does not provide a specific notice period for the tenant to correct the lease violation, but tenants shall be given a reasonable amount of time to fix the breach.
If the tenant fails to correct the breach in the timeframe specified, the tenant must move out by the termination date set forth by the landlord. If the landlord determines a reasonable amount of time is less than seven (7) days, then the notice period is based on judicial days (not counting weekend or legal holidays). If the landlord decides a reasonable amount of time to cure the violation is seven (7) days or more, then the notice period is based on calendar days (all days are counted).
Indiana 45 Day Notice to Vacate
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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 unlawful conduct or committing a nuisance. Examples of a nuisance are intimidating, threatening or harming other persons or committing vandalism on the premises. There is no option to cure and the tenant must move out of the rental unit within forty five (45) calendar days.
Indiana 30 Day Notice to Vacate
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An Indiana 30 Day Notice to Vacate is a lease termination letter written to terminate a month-to-month tenancy or for tenants that do not have a written lease that pay rent monthly. This lease termination letter may also be used for tenants with an expired lease. The letter shall be provided to either party at least thirty (30) calendar days before the end date specified in the notice.
How to Write an Eviction Notice in Indiana
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Indiana
An eviction notice in Indiana takes effect the day after it is served. Weekends and legal holidays are not counted if the notice period is less than seven (7) days. If the notice period is seven (7) days or more, then all days in the notice period are counted. Regardless of the length of notice, if the last day falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the next judicial day (not counting weekends or legal holidays).
How to Serve an Eviction Notice in Indiana
A landlord can serve eviction 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) additional calendar days to the notice period to account for variability in post office delivery times.
Sources
- 1 IN Code § 32-30-8-5
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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 Indiana Court Rules of Civil Procedure - Rule 6
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Rule 6. Time
(A) Computation. In computing any period of time prescribed or allowed by these rules, by order of the court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included unless it is:
(1) a Saturday,
(2) a Sunday,
(3) a legal holiday as defined by state statute, or
(4) a day the office in which the act is to be done is closed during regular business hours.
In any event, the period runs until the end of the next day that is not a Saturday, a Sunday, a legal holiday, or a day on which the office is closed. When the period of time allowed is less than seven [7] days, intermediate Saturdays, Sundays, legal holidays, and days on which the office is closed shall be excluded from the computations.
Source Link - 3 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 - 4 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
