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Making an Indiana Eviction Notice
As a property owner in the state of Indiana, you can use an Indiana Eviction Notice to warn tenants of future legal action if they remain behind on overdue rent payments, fail to abide by the agreed-upon terms and conditions of their lease, or do not move out. Creating this official legal notice can help to remind the tenant of your expectations and put the rental arrangement back in good standing. With that in mind, in some cases, there isn't any resolution, and filing a lawsuit with the court is unavoidable. Suitable for every residential property type, this Eviction Notice for Indiana can be used by any landlord with tenants in Evansville, Fort Wayne, Indianapolis, and in all other cities throughout the Hoosier State.
Under normal circumstances, the answer is yes, and you can make an Indiana Eviction Notice (specifically known as a 10-Day Notice to Pay Rent or Quit) to start the process. That said, as a result of COVID-19, some protections have been established for tenants. While the extended ban on eviction has been blocked federally, the state of Indiana is able to maintain its own regulations for evictions. Stay up to date with the latest developments for Indiana or consult a local lawyer, if you are still unsure.
If you want to remove a tenant from an Indiana rental property, you should always provide them with a Notice of Eviction first. Here are some common situations where you may need to use one:
Outside of violations, a tenant typically can be evicted by a property owner due to other reasons that are not connected to a fault of their own, such as when the landlord needs to move in. Keep in mind that the list shown above isn't comprehensive and the legally permitted reasons for evicting tenants can change from place to place. If you have any particular concerns or hesitations about Indiana eviction laws, you can connect with a lawyer.
When ready, you can click the "Make document" button to check out the Indiana Eviction Notice sample. You generally should prepare these critical details:
In the event that the tenants are not at fault, you have the ability to add more details. Using the Rocket Lawyer document tool, you have the ability to make more custom modifications, if necessary. You'll want to verify that the policies and terms that you mention are actually present in the fully executed rental contract.
Laws often change over time and the eviction procedure can be relatively nuanced, especially for a first-timer. In some instances, there may be different notice periods and other requirements based on the length of the tenant's occupancy and what the reason is for eviction. With that in mind, it's highly recommended that all landlords contact an eviction attorney before serving a Notice of Eviction.
Each Rocket Lawyer document template is reviewed by lawyers and legal staff members, which means that regardless of your legal background, you are able to use them to handle legal matters with confidence. Simply share more details about the situation through our guided interview process, and we'll generate your custom agreement in no time. This route is, in many cases, much more affordable than meeting and hiring your average attorney.
The fees associated with meeting and hiring a legal provider to write a Notice of Eviction might add up to anywhere from hundreds of dollars to thousands. When you use Rocket Lawyer, you aren't just filling out an eviction form template. In case you ever require assistance from a lawyer, your membership provides up to a 40% discount when you hire an attorney. If you want to know what the total cost of an eviction might be, you'll need to consider the court fees associated with filing the lawsuit, attorney fees, the value of unrecovered payments, storage and/or cleaning fees, and lastly, the money and time spent on looking for a replacement tenant.
The length of the eviction process for Indiana renters depends on the notice requirements, as well as the volume of cases that are happening concurrently. Here's a generalized overview of Indiana notice periods:
After your pre-defined notice period is over, an eviction can still take anywhere between 10 and 90 days. Please note that in particular kinds of housing, for instance where rent payments are subsidized, the mandated notice period may be longer.
While it is feasible to produce a Notice of Eviction without support, most landlords who take tenants to court will have legal representation. Hiring an attorney to review your Indiana Eviction Notice may be expensive. An easier option would be to request help from the On Call attorney network. With a Premium membership, you can have your document looked at by an attorney with experience in real estate issues. Whether you decide to produce more copies of your IN Eviction Notice or other documents from our library, we are here to help.
Once you've created your Indiana Eviction Notice with Rocket Lawyer, you will have the ability to see it on any device. You also may interact with your document by editing it, printing it, and/or copying it. You will need to sign the notice before it is served on the tenant(s). You can choose from several options when serving the notice:
As a reminder, "self-help" or "DIY" evictions are illegal. Landlords should not turn off utilities and services, change the locks, remove belongings, or harass their tenants in any way in order to make them move. Acting lawfully before and throughout the eviction proceedings is critical to removing tenants successfully with a final judgment from the court.
In Indiana, you file with the Clerk of the Court in the township court in the county where the rental property is located. This type of filing is often called a Proof of Claim in Indiana. These are considered small claims cases. There is a filing fee you'll need to pay. The clerk will schedule your hearing. You must formally notify the tenants that a lawsuit has been filed. You can hire a professional processor or use an Affidavit of Service to document the delivery of the notification.
Last reviewed or updated 01/15/2022