An Indiana eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Indiana landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
| Notice Form | Grounds | Curable? |
| 10 Day Notice To Quit | Unpaid Rent | Yes |
| Notice to Comply or Vacate | Lease Violation | Yes |
| 45 Day Notice To Vacate | Criminal, Illegal Activity | No |
| 30 Day Notice To Vacate | Monthly / No Lease | No |
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An Indiana 10 day Notice to Quit evicts a tenant for nonpayment of rent. In Iowa, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within ten (10) calendar days of receiving notice.
Many Indiana properties are federally entitled to a minimum 30 days of advance notice before a landlord can file an eviction for nonpayment of rent or other fees. This minimum applies to any residential property covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, even after the act’s other protections have expired. [4]
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An Indiana Notice To Comply or Vacate demands correction of a lease violation that is “curable,” i.e., the tenant may get a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusal to allow lawful entry by the landlord.
Indiana state law requires that the tenant have a “reasonable” amount of time to fix the violation. The landlord must judge what is reasonable under the circumstances and set a termination date. The tenant must take appropriate corrective action by the date of termination, or move out. [1]
If the landlord allows less than seven (7) days to correct the violation, the notice period is counted using judicial days (i.e., no weekends or legal holidays).
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An Indiana 45 Day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action, such as illegal activity on the premises or threatening other persons. The tenant must move out within forty five (45) calendar days of receiving notice.
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An Indiana 30 Day Notice To Vacate terminates a month-to-month lease, an expired lease, or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) days before the date of termination.
To help ensure the legal compliance of an eviction notice:
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered , not when it’s sent.
The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
Indiana counts only judicial days (i.e., no weekends or legal holidays) for notice periods of less than seven (7) days . Longer periods are counted normally. [2]
Indiana landlords may deliver a written eviction notice using any of these methods: [3]
A person initiating an action under this chapter to abate a nuisance existing on a property shall, at least forty-five (45) days before filing the action, provide notice to:
(1) each tenant of the property; and
(2) the owner of record;
that a nuisance exists on the property.
(b) The notice required under this section must specify the following:
(1) The date and time the nuisance was first discovered.
(2) The location on the property where the nuisance is allegedly occurring.
(c) The notice must be:
(1) hand delivered; or
(2) sent by certified mail;
to each tenant and the owner of record.
Rule 6. Time
(A) Computation. In computing any period of time prescribed or allowed by these rules, by order of the court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included unless it is:
(3) a legal holiday as defined by state statute, or
(4) a day the office in which the act is to be done is closed during regular business hours.
In any event, the period runs until the end of the next day that is not a Saturday, a Sunday, a legal holiday, or a day on which the office is closed. When the period of time allowed is less than seven [7] days, intermediate Saturdays, Sundays, legal holidays, and days on which the office is closed shall be excluded from the computations.
(a) Notice required under sections 1 through 7 of this chapter may be served on the tenant.
(b) If the tenant cannot be found, notice may be served on a person residing at the premises. The person serving the notice must explain the contents of the notice to the person being served.
(c) If a person described in subsection (b) is not found on the premises, notice may be served by affixing a copy of the notice to a conspicuous part of the premises.
“…the notice provision did not expire with the temporary eviction moratorium… a thirty-day notice to vacate [is] required by 15 U.S.C. § 9058(c) before initiating eviction proceedings…”
