Indiana Eviction Notice Overview
Indiana uses a 10-day notice for non-payment of rent under IC 32-31-1-6. Indiana does not have a 5-day notice provision for residential evictions. Evictions are filed in small claims court (for smaller amounts) or Circuit/Superior Court as proceedings supplemental.
Understanding the correct notice period is critical for Indiana landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current Indiana statutory requirements before serving any eviction notice.
10-day
Actual notice period
$50 - $85
Court filing fee
Small
Court type
4-8 Wks
Total process
Why Indiana Uses 10-day, Not 5 Days
Important: Indiana Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in Indiana. Under IC 32-31-1-6, the required notice for non-payment of rent is 10-day. Serving a 5-day notice will likely result in the court dismissing your case. Use the correct 10-day notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. Indiana is not among them. The 10-day notice requirement in Indiana applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under Indiana law.
If you are a landlord in Indiana, ensure your eviction notice complies with IC 32-31-1-6 and includes all elements required by Small Claims/Circuit Court. Using our Indiana-specific template ensures you have the correct notice period and statutory language.
Indiana Legal Requirements for Eviction Notices
To withstand judicial scrutiny in Indiana Small Claims/Circuit Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and Indiana county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the 10-day period to pay or vacate as required by IC 32-31-1-6
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Small Claims/Circuit Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the 10-day clock
How to Serve an Eviction Notice in Indiana
Proper service of the eviction notice is essential under Indiana law. Small Claims/Circuit Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method Indiana courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. Indiana courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the 10-day period expires without payment or vacancy, file the eviction complaint at the Small Claims/Circuit Court in the jurisdiction where the property is located.
Indiana Eviction Timeline
The eviction process in Indiana follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 4-8 Wks from the date the notice is served. Contested cases can take significantly longer.
After the 10-day notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in Indiana and can expose the landlord to substantial liability.
Indiana Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in Indiana. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Small Claims/Circuit Court Filing Fee | $50 - $85 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample Indiana Eviction Notice
Below is a preview of the Indiana-specific eviction notice using the correct 10-day notice period required by IC 32-31-1-6.
NOTICE TO PAY RENT OR QUIT
STATE OF INDIANA
Pursuant to IC 32-31-1-6
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full Indiana Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to IC 32-31-1-6, you have 10-DAY from the date of service to pay the total amount due or surrender possession.
INDIANA COMPLIANCE
This notice uses the correct 10-day period required by Indiana law under IC 32-31-1-6. A 5-day notice is not valid in Indiana.