The Indiana thirty (30) termination letter, in relation to § 32-31-1-1, can only be used to terminate month-to-month tenancies. The notice can be used by both the landlord or tenant to inform one another of their intention to terminate the tenancy. Although there does not need to be a specific reason for a month-to-month tenancy termination, the landlord cannot terminate it in retaliation/discrimination of the tenant. The notice should be personally delivered, however it can also be sent via certified mail or posted on the premises of the rental unit. How to Write Step 1 – Enter the date of notice,
Indiana Eviction Notices – 10 Day and 30 Day Notices to Quit
An Indiana eviction may proceed under the premise that the tenant has not responded to a nonpayment notice or a month to month lease termination letter. If they do not pay or move-out by the end of the time period the landlord may seek legal action by filing an Affidavit of Immediate Possession with the Court in Your Area.
NonPayment Laws – 10 days IC 32-31-1-6
NonCompliance Laws – No statute
Month to Month Laws – 30 Days IC 32-31-1-1
Eviction Laws – IC 33-24-3-4
The Indiana ten (10) day notice to quit, pertaining to § 32-31-1-6, is to be used by landlords to begin the eviction process for a tenant who has failed to pay rent. Indiana State law requires that tenants who have not paid rent must receive at least ten (10) days notice before the landlord can terminate the lease/rental agreement and initiate the eviction lawsuit process in court. If the tenant pays the rent within the ten (10) day period (or moves out), the landlord cannot file a Complaint/Summons for eviction. How to Write Step 1 – Download the form in .PDF
How to Evict a Tenant (Process)
Step 1 – The eviction process in Indiana (for non-payment of rent) begins with the landlord serving the tenant with a ten (10) day notice to quit/vacate. If it is a month-to-month tenancy, Indiana law requires that the tenant receive at least thirty (30) days notice. It’s recommended to personally deliver the notice to the tenant, however if this is not possible then the notice can be posted on the premises of the rental unit (such as on the front door or a window).
Indiana 10 Day Notice to Quit | NonPayment of Rent
Indiana 30 Day Notice to Quit | Month to Month Tenancy Termination
Step 2 – After the tenant has been served with the notice they can either pay the rent, move out of the rental unit, or not pay the rent and not move out. If they do not pay the rent or move out of the rental property, the landlord can begin the eviction lawsuit process in court. The landlord must first file a Complaint/Summons at the county/district court.
Step 3 – The Complaint/Summons will be served to the tenant, and they will be required to file an “answer.” Failure of the tenant to file an answer or show up to the trial/hearing date will result in a default judgement being ruled against them. If the eviction lawsuit goes to trial and the landlord wins the case, a court order will be issued to the tenant demanding them to vacate the rental unit within a certain amount of time. The court will also issue a court order giving legal authority to the local Sheriff to aid in the eviction.