An Indiana Notice to Comply or Vacate is an eviction document delivered to tenants for a curable breach of the lease, such as causing property damage. The tenant has the option to fix the violation in a reasonable amount of time or move out by the date set forth by the landlord.
When to Use an Indiana Notice to Comply or Vacate
Use a Notice to Comply or Vacate to begin the eviction process in Indiana:
- If the tenant failed to comply with health/safety rules.
- If the tenant damaged the property or caused other physical damage.
- If the tenant committed any other violations of the lease.
If none of the above are 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.
- 45 Day Notice to Vacate – If the tenant committed a nuisance on the premises.
- 30 Day Notice to Vacate – If the tenant or the landlord is ending a monthly 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 Notice to Comply or Vacate
The Indiana Notice to Comply or 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 rule or lease violation;
- Indicate how the tenant can remedy the breach;
- Enter the date and time when the violation must be cured by;
- Include the tenant’s balance due, if applicable;
- Include the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes address and phone number.
How to Serve an Indiana Notice to Comply or 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 § 32-31-7-7
A landlord may bring an action in a court with jurisdiction to enforce an obligation of a tenant under this chapter.
(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.
(c) If the noncompliance has caused physical damage that the landlord has repaired, the landlord shall give notice specifying the repairs that the landlord has made and documenting the landlord’s cost to remedy the condition described in the notice.
(d) A landlord is not required to comply with the notice requirements of this section to bring an action under subsection (a) if the tenant’s occupancy of the rental premises has terminatedSource Link
- 2 IN Code § 32-31-7-5
A tenant shall do the following:
(1) Comply with all obligations imposed primarily on a tenant by applicable provisions of health and housing codes.
(2) Keep the areas of the rental premises occupied or used by the tenant reasonably clean.
(3) Use the following in a reasonable manner:
(A) Electrical systems.
(C) Sanitary systems.
(D) Heating, ventilating, and air conditioning systems.
(E) Elevators, if provided.
(F) Facilities and appliances of the rental premises.
(4) Refrain from defacing, damaging, destroying, impairing, or removing any part of the rental premises.
(5) Comply with all reasonable rules and regulations in existence at the time a rental agreement is entered into. A tenant shall also comply with amended rules and regulations as provided in the rental agreement.
(6) Ensure that each smoke detector installed in the tenant’s rental unit remains functional and is not disabled. If the smoke detector is battery operated, the tenant shall replace batteries in the smoke detector as necessary. If the smoke detector is hard wired into the rental unit’s electrical system, and the tenant believes that the smoke detector is not functional, the tenant shall provide notice to the landlordSource Link
- 3 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
- 4 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