Indiana Notice To Comply or Vacate

Last Updated: May 13, 2024 by Roberto Valenzuela

An Indiana Notice To Comply or Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for a “curable” breach of the lease (i.e., one which the tenant is allowed an opportunity to correct), such as causing property damage. The tenant must take corrective action or else move out within a “reasonable” time after receiving notice, with date specified by the landlord.

When To Use an Indiana Notice To Comply or Vacate

An Indiana Notice To Comply or Vacate begin the eviction for the following tenant violations: 

  • Failure to comply with health or safety rules
  • Damage to the property or other physical damage
  • Other violations of the lease

The landlord must set a “reasonable” amount of time for the tenant to take appropriate corrective action. The tenant will be evicted if the issue isn’t fixed by the specified date of termination.

Many Indiana properties are federally entitled to a minimum 30 days of advance notice before a landlord can file an eviction for nonpayment of rent or other fees. This minimum applies to any residential property covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, even after the act’s other protections have expired.

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 Notice To Comply or Vacate

    To help ensure the legal compliance of a Notice To Comply or 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, and the corrective action(s) necessary to avoid termination
    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 Notice To Comply or Vacate

      Indiana landlords may deliver a written Notice To Comply or 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.