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    10. Eviction Notice

    Notify tenant of intent to evict in Indiana: Indiana Eviction Notice

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    Notify tenant of intent to evict in Indiana: Indiana Eviction Notice

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    Other Names: Indiana 10-Day Notice to Pay Rent or Quit Indiana Notice to Comply or Quit Indiana Notice to Terminate Tenancy Indiana Notice to Quit Indiana Notice to Pay Rent or Vacate Indiana Notice to Comply or Vacate Indiana Notice of Termination of Tenancy Indiana Notice to Vacate Indiana Notice to Pay Rent or Quit Indiana Notice to Cure or Quit Indiana Notice to Perform Covenant or Vacate Indiana Notice to Vacate Letter Indiana Eviction Letter
    Indiana Eviction Notice document preview

    What we’ll cover

    What is an Indiana Eviction Notice or Notice to Quit?

    If you own or manage residential property in Indiana, you can create an Indiana Eviction Notice to notify renters of impending legal action if they do not comply with the terms of the lease agreement or leave the property when lawfully asked to do so.

    With Indiana Eviction Notices, you can enforce your terms, while still giving your tenant(s) time to address the issue before a specific deadline. That said, in some instances, there won't be any resolution, and going to court is inevitable.

    Our Eviction Notice for Indiana can be used for residential property within the Hoosier State. If rent control or local laws complicate your tenant eviction, you may want to Consult an attorney.

    When to use an Indiana Eviction Notice:

    • Your tenant has failed to pay the rent.
    • Your tenant has violated a provision of the lease or rental agreement.
    • Your tenant materially damaged the property.
    • Your tenant is a nuisance or has caused trouble among other tenants.
    • Your tenant has used the property for illegal activity.
    • You wish to end a periodic tenancy (such as month-to-month).
    • The lease has expired and the tenant has remained on the property.

    Please note: you may never forcibly evict a tenant without going through the formal tenant eviction process.

    Have questions about your Indiana Eviction Notice?

    Whether you're preparing your Indiana Eviction Notice, reviewing one someone sent you, or just want to understand it better, here's how to get help.

    • Understand what it says or review it. Use our AI legal assistant to ask questions about your Indiana Eviction Notice, understand what it says, and spot anything that may need a closer look.
    • Ask an attorney a question. Connect with an attorney for legal information, with a written answer within one business day or a live consultation.
    • Get advice on what to do. For privileged, confidential advice about your specific circumstances and next steps, book a Legal Advice Session with an attorney.

    Sample Indiana Eviction Notice

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    Complies with relevant laws

    10 DAY NOTICE TO PAY RENT OR QUIT

     

     

    , Indiana

     

    TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:

     

    , , Indiana

     

    PLEASE TAKE NOTICE that the tenancy dated

    THIS IS INTENDED AS A TEN (10) DAY LEGAL NOTICE. THIS NOTICE IS IN ACCORDANCE WITH INDIANA CODE § 32-31-1-6.

     

    LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF INDIANA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.

     

    Dated:

     

    By:______________________________

     

      , ,

     

     

    About Eviction Notices in Indiana

    Learn about how to notify tenant of intent to evict in Indiana

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    • Different types and reasons for evictions in Indiana

      REASON FOR EVICTION

      TYPE OF NOTICE

      NUMBER OF DAYS FOR NOTICE

      LAWS

      Nonpayment of rent

      “Indiana 10-Day Notice to Pay Rent or Quit”

      10 days’ notice

      Indiana Code § 32-31-1-6

      Violation of lease or rental agreement

      “Indiana Notice to Comply or Quit”

      Landlord’s choice

      Indiana Code § 32-31-7-7

      Termination of monthly periodic tenancy

      “Indiana Notice to Terminate Tenancy”

      30 days’ notice

      Indiana Code § 32-31-1-1

      Damage, nuisance, or illegal activity

      “Indiana Notice to Quit”

      Immediate

      Indiana Code § 32-31-1-8

      Lease holdover 

      “Indiana Notice to Quit”

      Immediate

      Indiana Code § 32-31-1-8

      Regardless of the type of notice you need, we can help you build it. Get started now!

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    • Requirements, liabilities, and tenant protection for evictions in Indiana

      EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONPAYMENT OF RENT

      If a tenant doesn't pay rent on time, the landlord may end the lease after giving the tenant at least 10 days' notice. (Burns Ind. Code Ann. § 32-31-1-6)

      EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONCOMPLIANCE

      A landlord may take legal action against a tenant if they notify the tenant of a noncompliance and give them enough time to fix it, but the tenant does not do so. (Burns Ind. Code Ann. § 32-31-7-7)

      NOTICE REQUIREMENTS AND LANDLORD LIABILITY REGARDING PERSONAL PROPERTY

      A landlord is not responsible for any loss or damage to property left behind by a tenant. Property is considered abandoned if it looks like the tenant has moved out and given up the property. (Burns Ind. Code Ann. §32-31-4-2)

      TENANT PROTECTION REGARDING FORECLOSURES

      No statute. 

      MORE RELEVANT LAWS

      Burns Ind. Code Ann. §§ 32-31-1-6 through 32-31-1-9; Burns Ind. Code Ann. §§ 32-31-4-1 through 32-31-4-5; Burns Ind. Code Ann. §§ 32-31-6-1 through 32-31-6-10; Burns Ind. Code Ann. § 32-31-7-7; Burns Ind. Code Ann. § 34-30-26-5.

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    • How to write an Indiana Eviction Notice

      Below is a list of details you may need when preparing an Indiana Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.  

      1. Start with the rental addresses

      Addresses of the rental property and landlord or property management company.

      2. List all tenant names

      Every tenant listed on the Lease Agreement, pays rent, or lives there must be included in the notice.

      3. Include the status and date of the Lease Agreement

      Whether the lease is still active or not, or if there is a lease at all.

      4. Detail the reason that the notice is being served

      Landlords should always refer to state laws regarding evictions to make sure they have a legally valid reason to evict a tenant. The reason for the eviction will determine the type of notice being delivered. 

      Review each provision in the lease or rental agreement. If you are evicting tenants for unpaid rent, determine the amount of unpaid rent, if any. If you are evicting tenants for lease violations, determine violations of the lease or rental agreement, if any. Including documentation and the original lease agreement is also a good idea. 

      Remember, you will need to confirm that any policies and terms referred to in the Eviction Notice are actually present in the fully executed rental contract or lease agreement.

      5. Provide the number of days for the notice period

      The Eviction Notice should clearly spell out how much time the tenant has to resolve the situation before further legal action is taken. Rocket Lawyer can help you determine how much notice is required for your state and situation and build the right type of Eviction Notice. 

      6. Attach the proof of service

      When using a proof of service to document the delivery of an Eviction Notice, the serving party should sign the document at the time of delivery. In Indiana, this is often called an Affidavit of Service.

      Luckily, you don't need to start from scratch when making an Indiana Eviction Notice with Rocket Lawyer. Just answer a few simple questions and we’ll build the right eviction notice for the situation, as well as help with next steps on how to serve your Eviction Notice.

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    • The eviction process in Indiana: what happens after making an Eviction Notice?

      Now that you have made your Indiana Eviction Notice with Rocket Lawyer, you might be wondering: what now? 

      The next step is to serve it. You must sign the notice before serving it on the tenant(s) – and there are a few methods for serving the notice:

      • Work with a process server.
      • Deliver the notice personally.

      Please remember that "self-help" or "DIY" evictions are illegal in Indiana. Landlords shouldn't throw out belongings, shut off utilities, change the locks, or in any way attempt to intimidate tenants in an effort to force them to move. Taking the appropriate lawful actions before and throughout the eviction process is critical to removing tenants successfully under a court order.

      What happens after the notice period?

      If a tenant does not pay rent or move out after the notice period, the landlord can choose to file an eviction lawsuit, also known as an Eviction Case.

      What are some essentials throughout the eviction process?

      As you prepare to file for an eviction, it is always a good idea to work with a lawyer. An attorney with experience in evictions can answer your questions and help make sure you follow local laws and processes. Also, outside of reviewing your Eviction Notice document, your lawyer can help you prepare and argue your case once it goes in front of a judge.

      In order to assemble all of your records for your lawyer, you may want to fill out an Eviction Process Worksheet. This document provides basic information about your tenant and their violation(s) of your rental agreement. You can also attach documentation, including a copy of the lease, photographs of the damage, repair estimates, written statements of witnesses, police reports, and other records to support your case. 

      If you need to move forward with legal action after delivering the Eviction Notice, you will need to file your lawsuit properly with the local courts. The Indiana website can tell you which documents you will need to file and what the fees might be – or you can ask a lawyer to get started and find an attorney in your state. A local lawyer with experience in evictions can help you navigate the process efficiently.

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    Indiana Eviction Notice FAQs

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    • Do I need an Eviction Notice in Indiana?

      Generally speaking, yes, if you wish to remove a tenant from your Indiana rental property, you must always provide them with a Notice of Eviction first to start the process. 

      Some of the most common situations in which you might need one include:

      • The tenant is habitually late to pay their rent or they are behind on payments.
      • The tenant has caused substantial damage.
      • The tenant harasses or disturbs the quiet enjoyment of their neighbors.
      • The tenant is using your property for an illegal business.
      • The tenant gets a dog or cat and the rental contract forbids pets.
      • The tenant sublets their unit in breach of the agreement.

      Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in. 

      Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If you've got any concerns about Indiana eviction laws, reach out to a attorney.

    • Do I need a lawyer if I am evicting someone in Indiana?

      While you can choose to make an Indiana Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations extremely helpful. The eviction process often involves strict requirements, deadlines, and documentation, and mistakes can lead to delays or even dismissal of your case. An attorney experienced in evictions can help you follow the correct procedures, prepare your notice, and handle more complex situations—especially if the tenant disputes the eviction.

      Rocket Lawyer makes the process easier. You can create the appropriate eviction notices and use Rocket Copilot to review your documents, identify potential issues, and feel more confident before moving forward.

    • How do Indiana eviction laws affect me as a rental property owner?

      Laws change depending on where you (and your property) are. The notice periods in Indiana, for example, might be different from the ones in other states – in fact, there might even be differences between counties and cities. All the ways the document may be served to the tenant also vary. 

      This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner Consult an attorney when making a Notice of Eviction in Indiana - or anywhere else - to any tenant.

    • How do I create an Indiana Eviction Notice template for free?

      Don’t worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make an Indiana Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions. 

    • How is an Indiana Notice to Vacate structured?

      That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:

      • The address and description of the property.
      • The renter's contact information.
      • How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
      • Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
      • How much time the tenant has to resolve the situation.

      In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the Indiana Eviction Notice are present in the fully executed rental contract.

    • How much might it normally cost to evict a tenant in Indiana?

      The cost of evicting a tenant in Indiana can vary depending on your situation. Common expenses may include court filing fees, service of notice costs, and, if needed, attorney fees. If the eviction becomes contested or goes to court, costs can increase. Because the process involves strict legal requirements and timelines, mistakes can lead to delays or additional expenses.

      Rocket Lawyer can help you manage costs by making it easy to create the required eviction notices and stay on track. You can also use Rocket Copilot to ask questions or review your documents, or you can Consult an attorney about your specific situation.

    • How long does it take to complete the Indiana eviction process from beginning to end?

      The duration of the eviction process for Indiana tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one. 

      Below, you'll find a basic explanation of Indiana notice periods to get you started:

      • Overdue rent: 10-day notice.
      • Non-compliance with terms: "Reasonable time" to fix the issue.
      • No direct fault: 30-day notice.

      If the tenant decides to leave before the notice period ends - which is common - the process actually becomes a lot shorter.

      If that doesn’t happen, when your notice period is over, the actual eviction may take anywhere from 10 and 90 days. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.

    • What are my next steps after I have made an Eviction Notice/Notice to Quit in Indiana?

      After making an Indiana Eviction Notice, the next step is to serve it in accordance with state and local law. This typically involves delivering the notice in person, by substituted service, or by posting and mailing it, depending on the situation and local laws.

      Once the notice period has passed, you can move forward with filing an unlawful detainer (eviction) case in court if the tenant has not complied with the notice.

    • What happens after the given notice period is over in Indiana?

      If a tenant does not pay rent after being given a notice, the landlord can choose to file an eviction lawsuit, also known as an Eviction Case. 

    Indiana Eviction Notice checklist

    Complete your free Indiana Eviction Notice with our Make it Legal™ checklist

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      Look over your customized Indiana Eviction Notice to make sure it's accurate and includes all the details you need. If you have questions or concerns, you can get help from our AI legal assistant or qualified attorneys in a few different ways.

      • Not sure what something means? Get instant answers from our AI legal assistant.
      • Have a question for an attorney? Connect with an attorney for legal information, with a written answer or a live consultation.
      • Want personalized advice? Book a Legal Advice Session for privileged, confidential advice from an attorney before you sign or send your document.

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      • The landlord.

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      Serve the notice

      The landlord must "serve" the Eviction Notice to the affected occupants. "Service" means that the tenant was adequately notified about the potential eviction. State or local laws vary regarding exactly how an Eviction Notice may be served. Some jurisdictions require personal delivery, while others accept delivery via U.S. mail or certified mail.

      There are fewer restrictions on who can deliver the notice. In most states, landlords can serve the Eviction Notice themselves, or they can enlist the help of an attorney, paralegal, or a trusted individual. If you choose to deliver the notice yourself, you may want to also bring a witness to confirm you delivered the notice. However, even if you can serve the Notice yourself, many landlords prefer to hire professional process servers. These professionals are often well-versed in the service requirements of your area and are skilled at safely delivering notices while adhering to all legal requirements. Using a process server can also reduce the likelihood of disputes regarding the proper delivery of the notice, as they are viewed as impartial third parties in the eviction process.

      Your Indiana Eviction Notice will include an Affidavit of Service which the serving party can sign after serving the notice as proof that it was delivered in accordance with Alaska state law.

      It is also important to note that anyone serving an Eviction Notice must follow state law. You should never threaten, trespass, or break into a home when serving legal documents. If an Eviction Notice is not served correctly, then the notice may not be legally recognized and you will need to restart the process.

      For more information on serving eviction notices, read How To Serve an Eviction Notice or ask an attorney about the delivery method accepted in your area.Indiana state law.

      It is also important to note that anyone serving an Eviction Notice must follow state law. You should never threaten, trespass, or break into a home when serving legal documents. If an Eviction Notice is not served correctly, then the notice may not be legally recognized and you will need to restart the process.

      For more information on serving eviction notices, read How To Serve an Eviction Notice or ask an attorney about the delivery method accepted in your area.

    • Important details

      • You may never forcibly evict a tenant without going through the formal tenant eviction process.
      • If the tenant(s) remain in possession of the property after the notice has expired, you can then proceed with a formal eviction case in Superior Court. However, the eviction process is a large expense and you should try to work it out with the tenant(s) whenever possible.
      • If you end up having to file a formal eviction case, make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions and different types of courts, and you must file in the correct jurisdiction and with the correct court. You can usually figure out where to file by doing some research on your state's website.
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      Legal sources

      Find the sources and laws relevant to your Indiana Eviction Notice below:

      Indiana Eviction Notice Laws: Ind. Code Ann. § 32-31-1-8

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