What is an Indiana Eviction Notice or Notice to Quit?
When to use an Indiana Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated any 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 activities.
- You wish to terminate a month-to-month tenancy.
- The lease has expired and your tenant has remained on the property (holdover).
10 DAY NOTICE TO PAY RENT OR QUIT
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.
Indiana Eviction Notice FAQs
Am I allowed to evict tenants for unpaid rent in Indiana?
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 consult a local lawyer , if you are still unsure.
Why would a landlord make an Eviction Notice in Indiana?
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:
- The tenant has fallen behind on their rent payments
- The tenant creates a nuisance or disturbs their neighbors
- The tenant is using the property for an illegal business
- The tenant brings in a cat or dog and the rental contract does not permit animals
- The tenant sublets your property against the agreement
- The tenant has caused excessive damage
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.
What information should be included in an Indiana Notice to Vacate?
When ready, you can click the "Make document" button to check out the Indiana Eviction Notice sample. You generally should prepare these critical details:
- The address and description of your property
- Contact information for your tenant(s)
- What terms in the lease have been violated
- For what periods of time rent has been unpaid (if any)
- What the duration of the notice period will be
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.
How do Indiana eviction laws impact me as a landlord?
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.
How do I write an Indiana Eviction Notice template online for free?
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.
How much would I typically have to pay to evict a tenant in Indiana?
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.
How long does the Indiana eviction process take, end to end?
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:
- Overdue rent: 10-day notice
- Non-compliance with terms: "Reasonable time" to fix the issue
- No direct fault: 30-day notice
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.
Do I need an attorney when evicting someone in Indiana?
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 Rocket Lawyer 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.
What are my next steps after I create a Notice of Eviction/Notice to Quit in Indiana?
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:
- Work with a process server
- Deliver the notice personally
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.
Where do I file for a court-ordered eviction?
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.