Serving eviction notices in the State of Indiana may vary by county, but it usually takes the same format. It’s important for both parties to the rental agreement to understand the legal framework governing the eviction process in Indiana. For landlords, understanding this part of the law helps to properly evict a tenant without incurring any legal punishment or hindrance. It also educates them on the obligations and responsibilities they have towards their tenant(s). Additionally, it helps tenants to avoid unwarranted or wrongful tenancy termination. It further strengthens and protects the tenant’s rights. In this article, we’ll cover the different types of Indiana eviction notices and their associated legal processes.
The primary legislation that governs Indiana evictions is the Indiana Code [2022]. This Act defines ‘eviction action’ as an action to evict the tenant from the rental premises. Particularly, Article 31 of this Code discusses the landlord-tenant relationship, service of notice, determination of estates, and lots more. On the other hand, Article 32 of this Code and Indiana Rules of Trial Procedure covers the grounds for eviction, the preliminary procedure for eviction lawsuits, as well as other associated processes. These provisions have over time been amended to broaden its spectrum, protect tenant’s rights, and align with the economic circumstances of the state. Indiana eviction laws are established to create a fair and balanced approach for both parties.
To evict a legal tenant early, the landlord must have a just cause (reason) for such action. These reasons are referred to as the grounds for eviction. There are a limited number of grounds for serving an eviction notice under Indiana laws, and these are;
Rent is considered late a day past its due date. For example, if the rent is due by September 1st, it is considered late if it’s unpaid by September 2nd.
However, some rental agreements may contain a grace period that the landlord must honor.
According to IC 32-31-1-6, if the tenant refuses or neglects to pay the due rent, the landlord can terminate the tenancy by serving a 10-day eviction notice under Indiana law.
This notice should inform the tenant of the amount unpaid, and that the tenancy agreement will terminate if that amount is not paid within 10 days of the receipt of such notice.
If the tenant pays the rent before the notice period elapses or both parties agree to a payment plan, the tenancy will not end.
But where the tenant refuses to pay the due rent or leave the rental unit, the landlord can proceed to file an eviction lawsuit in the appropriate court.
Pursuant to IC 32-31-1-8 (5), if there’s an express term of the contract between both parties that the rent should be paid in advance, and the tenant fails to do so, the landlord needs not to serve an eviction notice. In other words, the landlord can file a lawsuit, without serving any notice.
Lease agreements vary from party to party, however, they must be upheld by each party throughout the tenancy duration.
Examples of some lease violations are; damaging the rental unit, smoking in a non-smoking property, keeping pets where it is not allowed, etc.
If a tenant violates a term in the lease agreement other than failure to pay rent, the landlord can issue an eviction notice under Indiana law.
The notice must state the breach committed by the tenant, what is required to remedy it, and the date the tenancy agreement would expire if the breach is not fixed.
Indiana eviction laws did not specify the amount of notice required for a tenant who violates a lease term. However, the law provided that a reasonable amount of time should be given to the tenant to remedy the breach.
According to IC 32-31-1-8 (3), if a tenant at will commit a waste, the landlord needs not to serve an eviction notice. The landlord can proceed to file a lawsuit to drive such a tenant out.
If a tenant commits an illegal or criminal act on the rental unit, the landlord can terminate the tenancy agreement.
These acts may include all kinds of public nuisance such as establishing a criminal organization, the illegal manufacture or distribution of a controlled substance, violence, etc.
Depending on the type of illegal activity, the landlord is expected to deliver at least a 45-day eviction notice to the tenant.
The notice must specify the date and time where the nuisance was first discovered plus the location where the nuisance occurred.
Additionally, the notice must be hand-delivered or sent by certified mail.
It’s important that the landlord keeps a close eye on the tenant to ensure that illegal acts are perpetuated on their property.
A landlord can serve an Indiana eviction notice where a tenant is in non-compliance with the health and safety codes.
In other words, the tenant act is affecting the health and safety of other tenants, neighbors, landlords, and the environment as a whole.
According to IC 32-31-7-5, tenants are expected to;
If a tenant fails to comply with the following obligations, thereby materially affecting the health and safety of others, the landlord can serve an eviction notice under Indiana law.
If the tenant fails to remedy the default after notice has been given or leave the rental premises, the landlord can commence an eviction lawsuit.
However, reasonable time should be given to the tenant to remedy the violation.
In Indiana, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”).
According to IC 32-31-1-8 (6), where no landlord-tenant relationship exists, the landlord needs not to serve an eviction notice.
However, Indiana eviction notice for tenants without a lease or holdover tenancy is that the landlord can evict such tenant by serving a 30-day eviction notice under Indiana laws – IC 32-31-1-1.
If the tenant fails to leave the rental unit after 30 days, the landlord can immediately proceed to file an eviction lawsuit to drive out such a tenant.
In Indiana, eviction notices are legal documents issued by a landlord to a tenant. The notice informs the tenant that the tenancy agreement would terminate due to a specific act, and whether such act is redeemable.
Furthermore, there are different types of eviction notices in Indiana. These notices are further categorized into two parts; with cause and without cause.
Under Indiana eviction laws, landlords can only terminate a tenancy agreement when such a tenant has failed to pay rent, committed a lease violation, and for other reasons (as explained above).
However, there are other occasions where the landlord may serve an eviction notice without cause.
This section aims to provide a detailed explanation of the different types of eviction notices in Indiana.
When a tenant has failed to pay rent, the landlord can serve a 10-day Eviction Notice to Pay or Quit. But under Indiana law, where the tenant has violated a lease agreement, the landlord is expected the give the tenant a reasonable period to fix the violation or quit. If the tenant fails to pay the rent, cure the violation, or, quit (as applicable), then the landlord can proceed to file an eviction lawsuit.
The landlord can also serve an Unconditional Quit Notice when the tenant commits a public nuisance or engages in an illegal/criminal activity. In this case, there’s no opportunity to remedy the default. The tenant is only given the chance to vacate the rental premises.
Note: More information has been discussed above.
Determination of a tenancy without a cause is only possible when the lease term is about to come to an end. In other words, if a landlord wants to evict a tenant but does not have a good cause, he must wait till the end of the lease term. At the end of the term, the landlord can serve an eviction notice to the tenant informing him/her of his intention to terminate the tenancy agreement. This however depends on the type of tenancy agreement.
According to IC 32-31-1-1, a landlord can terminate a tenancy at will by serving a 30-day eviction notice under Indiana laws. This notice should inform the tenant that the landlord does not wish to renew the tenancy agreement, and that the lease will expire in 30 days. The tenant is to vacate the rental property before the 30-day eviction notice expires. If the tenant remains in the unit after the notice period expires, the landlord can proceed to file an eviction lawsuit against the tenant.
If the landlord wishes to end a fixed-term rental, such as a one-year lease, the landlord must serve a notice of ‘not less than three (3) months before the expiration of the year’. However, if the lease agreement includes the date when the tenancy will end, then the landlord does not need to give the tenant notice to move out.
