The Indiana eviction notice is a document that the landlord uses to inform the tenant that they are terminating the lease agreement and that the tenant must leave the property before a certain deadline.
In Indiana, the eviction notice must include the following elements:
Information about the landlord and the tenant (their names, addresses, and ID numbers)
Date of the eviction notice and details about the lease agreement
Reasons for the eviction
Ways in which the violation can be cured (when the violation is curable)
Deadline by which the tenant must vacate the property
Signature of the landlord
Types of Eviction Notices in Indiana
The landlord can choose between different types of eviction notices based on the type of lease and the type of violation the tenant has committed.
Notice to Pay Rent or Quit
The landlord can use this form to notify the tenant that they are starting the eviction process due to the unpaid rent. They must give the tenant at least 10 days to pay the rent or vacate the property. If the tenant does neither, the landlord can start the eviction process before the court.
Notice for Non-Compliance
If the tenant commits any other violation of the lease agreement other than rent non-payment or violates some of the provisions of the landlord-tenant law, the landlord can use the Indiana notice for non-compliance to inform the tenant about the eviction.
In every such situation, the landlord must give the tenant “reasonable” time to cure the violation or leave the property.
Notice for Committing Waste
If the tenant commits waste at the rental unit (damages the property), the landlord can use this form to start the eviction process. The landlord will instruct the tenant to immediately leave the property, and the tenant will not have the opportunity to remedy the violation.
Notice for Month-to-Month Lease
If the tenant wants to terminate the holdover tenancy or periodic tenancy (month-to-month, week-to-week, etc.), the landlord can use this type of notice.
To terminate this kind of tenancy, they don’t need to provide any particular reason since there is no lease term determined. However, the landlord must issue this notice to the tenant at least one month before the tenant is obliged to vacate the property.
Eviction Laws and Requirements in Indiana
Laws & Requirements
Rent payment grace period. There is no grace period defined in the Indiana Statute.
Notice for the rent non-payment. 10 days. (§ 32-31-1-6)
Notice for the non-compliance. “Reasonable” amount of time (§ 32-31-7-7)
Notice for illegal activity. Not mentioned in Indiana Statute.
Notice for committing waste. Immediate (§ 31-31-1-8)
Periodic tenancy termination. 1 month for the Month-to-Month tenancy. (§ 32-31-1-1)
When is Rent Late in Indiana?
According to the Indiana Statute, there is no grace period for the rent payment. That means that the rent is late right after the due date is over. In practice, if the due date is the first day of the month, the rent will be considered late as of the second day of the month.
Therefore, it’s important that the landlord and the tenant determine the rent payment due date before the lease starts and enter it into the lease agreement.
Grounds for Eviction in Indiana
The landlord can evict the tenant in Indiana for the following reasons:
Grounds for Eviction
When the tenant fails to pay the rent
If the tenant violates the lease agreement or the landlord-tenant law
In case the tenant damages the rental unit
When the landlord wants to terminate the periodic tenancy
If the landlord wants to terminate the tenancy after the lease term is over
Eviction Process in Indiana
The eviction process starts with the landlord issuing the eviction notice and ends with the tenant vacating the property.
#1. Write a Notice
The landlord initiates the eviction process by sending an eviction notice to the tenant. They can deliver the eviction notice to the tenant in person, via certified mail, or by posting it in a conspicuous place at the property.
In any case, the landlord should have proof that the notice was delivered to the tenant. They should inform the tenant about the reasons for the eviction and give them a deadline to fix the violation (when possible) or leave the property.
#2. File the Complaint
If the tenant doesn’t comply with the instructions provided in the eviction notice, the landlord can turn to the court and file an eviction lawsuit. They can file a lawsuit in the Indiana municipal, small claims, superior, or circuit courts.
The filing fee ranges from $86 to $158, depending on the court where the lawsuit is filed. The landlord must also fill out the complaint form and summons and submit them to the court.
#3. Serve the Tenant
The authorized authority will serve the tenant with the complaint and summons, informing them that there is an eviction process initiated against them and giving them instructions about the next steps of the process.
The court will serve the relevant documents to the tenant 5-20 days before the hearing, depending on the reasons for the eviction. The tenant can then submit the answer form to the court and present their arguments against the landlord’s claims.
#4. Wait for Court’s Judgment
If the tenant fails to appear for the hearing, the court will issue a default judgment in the landlord's interest. Otherwise, the court will hear the arguments of both the landlord and the tenant and make its decision.
After the court issues the judgment, if the ruling is in the landlord's favor, the landlord can request the court to issue the Writ of Execution. This document gives the sheriff’s office the authority to forcefully remove the tenant from the property.
Other Eviction-Related Forms in Indiana
Other Eviction-Related Forms
Eviction Complaint Form. The landlord uses this form to initiate the eviction procedure before the court. They will fill in all the relevant information on the form and provide the claim.
Notice/Order for Remote Hearing/Trial. When submitting the complaint to the court, the landlord can also file this form and request that the court hold the hearing remotely. If they approve the request, the court will forward this form to the tenant with instructions for attending the remote hearing.
Eviction Information for Landlords in Indiana
The landlord should adhere to the eviction rules set forth in the Indiana Statute. If they violate any of the rules, the landlord can be required to pay the actual damages plus any court costs, attorney’s fees, and other costs that occurred.
Some of the most common violations of the eviction rules caused by the landlord are:
Eviction Information for Landlords
Forcefully removing the tenant from the property without the Writ of Execution
Changing the locks at the rental property
Removing the tenant’s belongings from the property
Shutting off essential utilities like electricity and water
Eviction Information for Tenants in Indiana
If the tenant receives the eviction notice, they should look for the reasons for the eviction and ways in which they can remedy the violation and remain at the property (if the violation is curable).
The arguments the tenant can use to fight the eviction are:
Eviction Information for Tenants
That the landlord used illegal methods to evict them
That they’ve already cured the violation that was the reason for the eviction
That the landlord initiated the eviction as a part of discriminatory or retaliatory actions against the tenant
How to Write an Eviction Notice in Indiana
Indiana Eviction Notice Checklist
Indiana Eviction Notice FAQ
You can file an eviction notice whenever there is a legal reason for eviction. In Indiana, the legal reasons for eviction are rent non-payment, committing waste, and non-compliance with the lease agreement. Only when terminating the periodic (month-to-month) lease does the landlord not have to provide a reason for termination.
The eviction notice is a prerequisite for initiating the eviction procedure before the Indiana court. The landlord must submit a copy of the eviction notice to the court when filing the complaint.
The Indiana eviction procedure can last between 3 and 16 weeks, depending on the reasons for the eviction, the type of lease, and whether the tenant is willing to fight the eviction.
Only when the reason for the eviction is the tenant “committing waste,” can the landlord give them immediate notice to leave the property. Therefore, even a 3-day notice in this case will be in line with the Indiana eviction rules. For other eviction reasons, the landlord must issue at least a 10-day notice or longer.