Indiana Eviction Notice

An Indiana eviction notice is a legal document that landlords use to inform tenants of lease violations and the need to either correct the issue or vacate the property. The notice must specify the violation, provide the required response time, and comply with Indiana state law. If the tenant does not resolve the issue within the specified timeframe, the landlord may proceed with legal action.

Types of Indiana Eviction Notices

Indiana law recognizes several types of eviction notices, each corresponding to specific grounds for eviction:

10-Day Notice to Quit

Grounds: Non-payment of rent.
Details: Issued the day after rent is due, requiring the tenant to pay all past due rent or vacate within ten (10) calendar days.
Legal Reference: Indiana Code § 32-31-1-6.

Notice to Comply or Vacate

Grounds: Lease violations that are curable (e.g., failure to maintain health and safety).
Details: Tenants are given a reasonable amount of time to correct the violation. If they fail to comply, they must vacate the property.
Legal Reference: Indiana Code § 32-31-7-7.

45-Day Notice to Vacate

Grounds: Incurable lease violations (e.g., illegal activity).
Details: Tenants must vacate within forty-five (45) calendar days of receiving the notice.

30-Day Notice to Vacate

Grounds: Termination of a month-to-month lease or expired lease.
Details: Landlords must provide at least thirty (30) days’ notice before termination.
Legal Reference: Indiana Code § 32-31-1-1.

Eviction Laws and Requirements

Legal Grounds for Eviction

In Indiana, evictions may occur under the following circumstances:

Nonpayment of Rent: Requires a 10-day notice.
Lease Violations: Requires a reasonable amount of time for the tenant to cure the breach.
Termination of Month-to-Month Tenancy: Requires a 30-day notice.

Notice Requirements

An eviction notice must include:

The tenant’s full name and address.
A description of the lease violation or reason for eviction.
The date of termination or compliance.
The landlord’s printed name, signature, and address.
The date and method of delivery.

How to Serve an Eviction Notice

Landlords in Indiana can serve an eviction notice through the following methods:

Hand Delivery: Directly to the tenant.
Substitute Delivery: To a person on the property who can accept the notice, along with an explanation of the notice’s contents.
Posting: If hand delivery fails, the notice can be posted in a conspicuous place on the property, such as the entry door.

Eviction Process Steps

Step 1: Deliver the Eviction Notice

The landlord must deliver the appropriate eviction notice to the tenant in person or via one of the acceptable methods.

Step 2: Wait for Tenant Response

The tenant has the specified time to either remedy the violation or vacate the property.

Step 3: File Eviction Documents

If the tenant does not comply, the landlord can file an eviction lawsuit in the appropriate local court.

Step 4: Serve Court Documents

The tenant must be served with a notice indicating when they should appear in court.

Step 5: Attend the Court Hearing

Both the landlord and tenant present their cases in court. The judge will decide whether the eviction can proceed.

Important Considerations

Grace Period: While not legally required, a grace period may be included in the lease agreement.
Court Costs: Filing fees for eviction lawsuits vary by county.
Legal Representation: It is advisable for landlords to consult with a lawyer experienced in landlord-tenant law to navigate the eviction process effectively.

Statutes

Ind. Code § 32-31-1-1 – Determination of estates at will
Ind. Code § 32-31-1-3 – Determination of year to year tenancy
Ind. Code § 32-31-1-6 – Rent; refusal or neglect to pay
Ind. Code § 32-31-1-8 – Notice to quit; when not necessary
Ind. Code § 32-31-1-21 – Disclosure of structure in flood plain
Ind. Code § 32-31-3-12 – Return of deposits; deductions; liability
Ind. Code § 32-31-3-13 – Use of deposits
Ind. Code § 32-31-3-14 – Notice of damages; refund of remaining deposits
Ind. Code § 32-31-3-15 – Remittance of full deposit
Ind. Code § 32-31-3-16 – Liability for withheld deposits
Ind. Code § 32-31-4-2 – Liability; abandoned property; court order allowing removal by landlord
Ind. Code § 32-31-5-4 – Written notice required to modify rental agreement
Ind. Code § 32-31-5-5 – Tenant’s personal property
Ind. Code § 32-31-5-6(c) – Landlord prohibited from interfering with access, possession, or essential services; unit entry by landlord
Ind. Code § 32-31-5-6(e) – Landlord prohibited from interfering with access, possession, or essential services; unit entry by landlord
Ind. Code § 32-31-5-6(f) – Landlord prohibited from interfering with access, possession, or essential services; unit entry by landlord
Ind. Code § 32-31-5-6(g) – Landlord prohibited from interfering with access, possession, or essential services; unit entry by landlord
Ind. Code § 32-31-8-5 – Landlord Obligations
Ind. Code § 32-31-7-5 – Tenant Obligations
Ind. Code § 32-31-7-6 – Condition of rental premises upon termination of occupancy
Ind. Code § 32-31-7-7 – Landlord’s cause of action to enforce tenant obligations
Ind. Code § 32-31-3-18 – Disclosure of Managers and Agents
Ind. Code § 32-31-5-7 – Written acknowledgement by tenant
Ind. Code § 32-31-2-1 – Necessity of recording
Ind. Code § 32-31-9-8 – Lease protections; prohibition of retaliation by landlord
Ind. Code § 32-31-9-12(b) & (c) – Termination of rental agreements by protected individuals; written notices; liability
Ind. Code § 32-31-9-9 – Change of lock requirements
Ind. Code § 32-31-9-11 – Reimbursement for lock changes; key requirements
Ind. Code § 33-28-3-4(b)(1) – Jurisdiction of small claims docket
Ind. Code § 33-28-3-4(b)(1) – Jurisdiction of small claims docket
Ind. Code § 24-4.5-7-202 – Fee for dishonored check, electronic funds transfer, or debit authorization; limits on lender’s presentment of check or debiting of account

FAQs

An Indiana eviction notice is a legal document that landlords use to notify tenants of lease violations or nonpayment of rent. It outlines the specific violation, the required response time, and the potential for legal action if the issue is not resolved. Common scenarios for issuing an eviction notice include late rent payments, lease violations, or illegal activities on the property.

In Indiana, there are several types of eviction notices, including the 10-Day Notice to Quit for nonpayment of rent, the Notice to Comply or Vacate for lease violations, the 30-Day Notice to Vacate for month-to-month tenancies, and the 45-Day Notice to Vacate for incurable lease violations. Each notice has specific requirements and timelines based on the nature of the violation.

The response time for an eviction notice in Indiana varies depending on the type of notice issued. For a 10-Day Notice to Quit for nonpayment of rent, the tenant has 10 days to pay the overdue rent or vacate the property. For lease violations, the tenant is given a ‘reasonable’ amount of time to correct the issue, while a 30-Day Notice allows for 30 days to vacate without cause.

To serve an eviction notice in Indiana, landlords can deliver it in person to the tenant, leave it with someone at the property who can accept it on behalf of the tenant, or post it in a conspicuous location on the property, such as the front door. It’s important to document the delivery method and date to ensure compliance with state laws.

If a tenant does not comply with an eviction notice in Indiana, the landlord can file an eviction lawsuit in local court. The court will then schedule a hearing where both the landlord and tenant can present their cases. If the court rules in favor of the landlord, a judgment will be issued, allowing the landlord to proceed with the eviction.

No, a landlord cannot evict a tenant without first providing a legally valid eviction notice. Indiana law requires that tenants be given notice of the eviction and an opportunity to remedy the situation before legal action can be taken. For certain severe violations, such as property damage, immediate eviction may be pursued without notice.

An eviction notice in Indiana must include the tenant’s full name and address, specify the lease violation or reason for eviction, detail the required response time, and be signed by the landlord. It should also include the landlord’s address and the date and method of delivery to ensure it meets legal standards.

The expiration date for an eviction notice in Indiana is calculated starting the day after the notice is delivered. For example, if a 30-Day Notice is delivered on May 1, the tenant must comply by May 31. If the last day falls on a weekend or holiday, the notice period extends to the next judicial day.