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.
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:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis upon which tenancy will terminate, and the corrective action(s) necessary to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- 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:
- Hand delivery to the tenant
- 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
- Only if all forms of hand delivery fail: Posting the notice to a conspicuous place at the property, such as the entry door
Sources
- 1 IN Code § 32-31-7-7
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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 terminated
Source Link - 2 IN Code § 32-31-7-5
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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.
(B) Plumbing.
(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 landlord
Source Link - 3 Ind. Code § 32-31-1-9
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(a) 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
