Indiana Eviction Notice Templates (3)

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An Indiana eviction notice is a document used to notify a tenant that they have breached their lease agreement and may face eviction. Also referred to as a notice to quit, this form provides the tenant with a certain number of days to cure the violation, if possible, or vacate the premises. If they do not leave, the landlord can file an eviction suit to regain possession of the premises.

Indiana Eviction Notice Templates (3)

An Indiana eviction notice is a document used to notify a tenant that they have breached their lease agreement and may face eviction. Also referred to as a notice to quit, this form provides the tenant with a certain number of days to cure the violation, if possible, or vacate the premises. If they do not leave, the landlord can file an eviction suit to regain possession of the premises.

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Last updated September 18th, 2024

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An Indiana eviction notice is a document used to notify a tenant that they have breached their lease agreement and may face eviction. Also referred to as a notice to quit, this form provides the tenant with a certain number of days to cure the violation, if possible, or vacate the premises. If they do not leave, the landlord can file an eviction suit to regain possession of the premises.

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Eviction Notices: By Type (3)

10-Day Notice to Quit | Non-Payment – Informs a tenant that they have defaulted on rent and have 10 days to pay the landlord or leave.

 

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Notice to Quit | Non-Compliance – Delivered to a tenant who has violated their lease, giving them a “reasonable” amount of time to cure the violation.

 

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1-Month Notice to Terminate | Month-to-Month Lease – Terminates a month-to-month tenancy with a month’s notice. (Can be used by either party.)

 

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Notice Requirements

  • Grace Period for Rent – Not mentioned in state statutes.
  • Non-Payment of Rent – 10 days.[1]
  • Lease Non-Compliance – “Reasonable amount of time.”[2]
  • At-Will Tenancy Termination – One month.[3]
  • Committing Waste – No notice required.[4]

How to Evict a Tenant in Indiana

Step 1 – Serve Notice to Quit

Before evicting a tenant, a landlord must deliver a notice to quit to give the tenant time to cure the violation (if applicable) or leave the premises.

It’s important to note that if the lease includes an express agreement to pay rent in advance, the landlord may not be legally obligated to send a 10-day notice to quit for non-payment.

Step 2 – Commence Eviction Suit

If the tenant fails to comply with the notice’s demands, the landlord can evict them. The landlord must complete a Complaint and Notice of Claim form and file it with the appropriate court in the county where the property is located along with a copy of the notice to quit.
Depending on the county and the amount of the claim, the landlord will have to file for eviction in small claims court, superior court, or circuit court. Each county provides its own eviction forms (e.g., Hamilton County Complaint)

Step 3 – Serve Summons to Tenant

The court clerk will set a hearing date and issue a Summons form. The landlord must ensure that the tenant is served a copy of the Complaint and Summons at least 5 days before the hearing.

The landlord can have the sheriff’s office can serve the tenant, or the landlord can send the complaint by registered/certified mail. A Proof of Service must be completed and filed with the court in either case.

Step 4 – First Hearing

Both parties must attend the scheduled hearing and present statements and any evidence to the judge. Unless the tenant has a legitimate defense for their violations, the judge will rule in favor of the landlord.
The court will issue a Writ of Possession demanding the tenant vacate the premises and may award the landlord damages and reasonable attorney’s fees.

Step 5 – Second Hearing (If Applicable)

The first hearing will determine whether the landlord regains possession or if the tenant can remain on the property. If there is money involved (overdue rent, court costs, etc.), the judge will set another hearing to decide how much the tenant owes the landlord.

Step 6 – Writ of Possession

The Writ of Possession will be served on the tenant demanding that they leave the property within 48 hours. If the tenant does not move out, the county sheriff will forcibly remove them and hand over possession to the landlord.

Sources

  1. § 32-31-1-6
  2. § 32-31-7-7
  3. § 32-31-1-1
  4. § 32-31-6-3