The Indiana ten (10) day notice to comply or quit is an eviction letter informing a tenant that they have failed to comply with the Indiana tenant obligations (§ 32-31-7-5). The notice shall state the specific infractions caused by the tenant and the date by which the non-compliances must be remedied. Upon service of the notice by the landlord, the tenant is allowed ten (10) days to either cure their violations or vacate the rental unit. If they choose to do neither, the landlord can attempt to evict the individual by filing an eviction complaint with a small claims court. Note: Indiana
Indiana Eviction Notices – 10 and 30 Day Notices to Quit
The Indiana eviction notices can be used by property managers and landlords to inform renters of their lease violations. Each notice outlines the reason for the eviction and gives the tenant a period in which they can correct their violations and preserve their right to tenancy. If a landlord chooses to terminate a month-to-month rental agreement, or if eviction circumstances are such that the tenant cannot fix their violations, the tenant may be given no option to save their tenancy from termination. If a tenant continues to possess a dwelling after their notice period expires, the landlord can file a complaint with a small claims court in an attempt to obtain a legal eviction order.
Non-Payment of Rent – 10 Days (§ 32-31-1-6)
Terminating a Month-to-Month Lease – 30 Days (§ 32-31-1-1)
Unconditional Lease Termination – Not Specified (§ 32-31-1-8)
The Indiana ten (10) day notice to pay or quit is letter used by a landlord to notify tenants that they have violated their rental agreement by failing to pay rent. The landlord can serve the tenant with notice immediately after they refuse or neglect to pay by the designated due date. After the letter is served, the tenant has ten (10) days to comply; they must either vacate the property or pay the total sum due. If the tenant has neither paid rent or vacated the premises after the ten (10) day period expires, the landlord can file an eviction lawsuit with a small claims court
The Indiana thirty (30) day notice to quit is used to terminate a month-to-month, or “at will,” rental agreement. A landlord may use the notice to inform a tenant that their possession of a dwelling will expire exactly one (1) month after the notice is received. The landlord need not state the cause of the eviction. However, the landlord must be sure that they do not evict for any discriminatory reasons. If a tenant wishes to cancel their tenancy, they must provide the letter to their landlord with one (1) month’s notice before moving out. In the event that a tenant continues to occupy a dwelling past the notice period of
The Indiana unconditional notice to quit is an eviction letter used to immediately terminate the tenancy of a renter under the legislation of § 32-31-1-8. There are several situations in which this law is applicable, such as when a month-to-month tenant damages their rental property or if a rental agreement requires a tenant to pay their rent in advance and they fail to do so. The landlord must serve the notice to the tenant and demand that they vacate immediately. If the individual does not comply by moving out, the landlord may seek to lawfully remove the individual by filing an eviction lawsuit
How to Evict a Tenant (Process)
A landlord renting property in Indiana can seek to evict when a tenant violates their lease or rental agreement. In most eviction circumstances, the landlord must provide the tenant with a written eviction notice and wait a set number of days before demanding that the individual vacate the premises. The tenant can comply with the notice by rectifying their violations or by moving out, providing the notice is not incurable. If the tenant fails to meet the notice terms, the landlord will be able to reclaim the property by filing an eviction lawsuit and obtaining an eviction order.
Step 1 – Eviction Notice
Begin by choosing the proper eviction letter for your tenant. This letter will state the purpose of the eviction as well as a term in which the tenant must either vacate or cure their violations. In some cases, the circumstance of the eviction will not permit the tenant to continue their tenancy (e.g., excessive damage to the leased property).
Fill out one (1) of the following eviction notices:
30-Day Notice to Quit – Used by the landlord or tenant to terminate a month-to-month, a.k.a. “at will,” rental agreement.
10-Day Notice to Pay or Quit – Used when a tenant fails or refuses to pay rent on time. The tenant can waive the landlord’s right to evict by paying rent within ten (10) days.
Notice to Comply or Quit – Used when a tenant has violated their lease or rental agreement. While not required, the landlord may permit the tenant to cure their violations and continue their tenancy.
Unconditional Notice to Quit – Used to evict a month-to-month tenant who damages the rental premises. May also be used to evict under the circumstances defined in § 32-31-1-8. No notice period is required.
Step 2 – Serve Notice to the Tenant
Next, the eviction notice must be served to the tenant in accordance with State procedure. This can be accomplished by personally delivering a copy of the document to the tenant, or if the tenant is unavailable, to another resident of the premises. Regardless of how the letter is delivered, you must explain the purpose of the notice to the individual being served.
If neither of the aforesaid service options can be performed, you can leave a copy of the notice affixed to a conspicuous location on the rental unit.
Step 3 – Prepare Complaint
The tenant must comply with the eviction letter by either moving out or fixing their violations. If the tenant fails to comply, you can take the issue to court by filing an eviction complaint. In certain Indiana counties, the document needed for an eviction filing is the “Small Claims Eviction Complaint” (see example). Contact your local small claims court to determine the forms needed for your eviction circumstance as well as the price of filing.
Step 4 – File Complaint
Your eviction complaint will need to be filed at a small claims division of the superior court. Certain counties permit filers to submit their documents online via an authorized e-filing service provider (view this webpage to see if e-filing is allowed in your county). Otherwise, you may deliver the document in person to the small claims court in your county.
A fee will be required upon filing (usually between $40 and $100). If you are indigent and cannot afford the fee, you can request an exemption by filing a Fee Waiver. Use the Electronic Fillable Packet or the Printable Packet for this purpose.
Step 5 – Court Hearing for Eviction
A clerk of the court will set a date for your eviction hearing. Contact the sheriff’s department in the county where the property is located and request to have this information served to the tenant by the sheriff (a fee may be required).
Go to your hearing and present your case to the judge. Be sure to bring copies of all relevant paperwork (i.e., rental/lease agreement, eviction notice, court filings, photos) and your witnesses. If you win the lawsuit or if the tenant does not appear in court, the judge will issue an eviction order indicating your right to possession of the dwelling. The judge will also set a date and time for when the tenant must vacate the premises.
Step 6 – Forcibly Remove Tenant (if necessary)
If the tenant does not vacate by the date and time stated on the eviction order, you will need to go to the court and ask a judge to issue you a Writ (a Writ authorizes law enforcement to forcibly remove the tenant from the rental unit). After the Writ is issued, contact a local law enforcement officer to arrange a time for a constable to visit the tenant and remove the individual from the premises of the dwelling.
A secondary hearing may be needed if the tenant still owes rent or if they are to be held liable for the cost of damages to the property.