Indiana 60-Day Notice Overview
Indiana does not have a statutory 60-day notice requirement for standard residential tenancies. Under IC 32-31-1-1, a month-to-month tenancy can be terminated by either party with 30 days written notice. The notice must be given at least 30 days before the end of the next complete rental period. Indiana\'s landlord-tenant laws are found primarily in IC Title 32, Article 31.
Indiana is generally landlord-friendly with no statewide rent control, no just-cause eviction requirements, and a relatively fast eviction process through the Small Claims Courts and Superior Courts. Indiana does not require landlords to provide a specific reason for terminating a month-to-month tenancy. However, the state does provide some tenant protections including habitability requirements and prohibitions on retaliatory evictions under IC 32-31-9.
30 Days
Statutory default
$52-$97
Court filing fees
Written
Notice required
2-4 wks
Court process
When a 60-Day Notice Applies in Indiana
Since Indiana's statutory default for month-to-month termination is 30 days, understanding when a 60-day notice is actually required or advisable is essential for landlords.
Lease-Required Extended Notice
Many property management companies in Indianapolis, Fort Wayne, and South Bend include 60-day non-renewal clauses in their leases. When the lease specifies 60 days, the contractual obligation overrides the 30-day statutory minimum under IC 32-31-1-1.
IHCDA and Section 8 Programs
Federal housing programs administered through the Indiana Housing and Community Development Authority (IHCDA) frequently require 60-90 days notice before termination. Section 8 (Housing Choice Voucher) participants in Indiana are subject to federal notice requirements that may exceed state minimums.
Long-Term Tenant Best Practice
In Indiana\'s growing rental markets — particularly Indianapolis, Carmel, Fishers, and Bloomington — providing 60 days to long-term tenants is increasingly common as best practice. It reduces legal challenges and allows tenants adequate time to find replacement housing.
Indiana Legal Requirements
Indiana's landlord-tenant statutes establish specific requirements for termination notices that must be followed precisely.
Indiana Retaliatory Eviction Protection
Under IC 32-31-9-8, a landlord cannot terminate a tenancy in retaliation for the tenant\'s good-faith complaint to a governmental agency about code violations, participation in a tenant organization, or exercise of legal rights. If the termination occurs within one year of the protected activity, the tenant may raise retaliation as a defense. Indiana courts can dismiss retaliatory evictions and award damages to the tenant.
Notice Content Requirements
- Written Notice: IC 32-31-1-1 requires written notice. Oral notice is insufficient for terminating residential tenancies in Indiana
- Tenant and Property ID: Include all tenant names from the lease and the complete property address including city, county, and ZIP code
- Termination Date: State the exact date at least 60 days from service, aligned with the end of the monthly rental period
- Landlord Contact: Include the landlord or property manager name, Indiana mailing address, and telephone number
- Security Deposit Reference: IC 32-31-3-12 requires return of the security deposit within 45 days of termination with an itemized list of deductions
How to Serve a 60-Day Eviction Notice in Indiana
Proper service is critical in Indiana. If the landlord cannot prove the notice was properly delivered, the court will dismiss the eviction action.
Prepare the Notice
Draft using a Indiana-specific template referencing IC 32-31-1-1. Include all tenant names, property address, and the 60-day termination date
Personal Delivery (Preferred)
Hand-deliver the notice to the tenant at the rental premises. Indiana courts prefer personal service. Bring a witness or use a process server
Certified Mail Alternative
Send via certified mail with return receipt requested. Indiana law accepts mailed service, but personal delivery is preferred by courts
Complete Proof of Service
Document date, time, method, and location of service. Keep certified mail receipts and return cards for court proceedings
File Eviction Action
After 60 days expire without the tenant vacating, file an eviction action in Small Claims Court where the property is located
Indiana Eviction Timeline
Indiana\'s eviction process uses a possession action filed in Small Claims Court (claims under \$10,000) or Superior/Circuit Court. After filing, the court issues a summons and the tenant has a set period to respond. Indiana Small Claims Courts schedule hearings relatively quickly.
At the hearing, both parties present evidence. Indiana Small Claims Court proceedings are informal. If the landlord prevails, the court issues a judgment for possession. The tenant may have a brief period to vacate. If the tenant does not leave, the sheriff enforces the writ of possession.
Total court timeline: 2-4 weeks uncontested, 4-8 weeks contested. Marion County (Indianapolis) has the heaviest caseload. Combined with the 60-day notice period, the full process spans 10-16 weeks. Self-help evictions are prohibited under Indiana law.
Indiana Filing Fees & Costs
Eviction costs in Indiana vary by county and court type. Below are typical expenses.
| Fee / Cost | Typical Amount |
|---|---|
| Small Claims Court Filing Fee | $52 - $97 |
| Service of Process | $25 - $60 |
| Attorney Fees | $400 - $1,500 |
| Writ of Possession | $25 - $50 |
| Sheriff Enforcement | $50 - $150 |
Sample Indiana 60-Day Notice
Below is a preview of our Indiana-specific 60-day termination notice template.
60-DAY NOTICE OF TERMINATION
STATE OF INDIANA
Pursuant to IC 32-31-1-1
LANDLORD / PROPERTY OWNER:
Name: [Full Legal Name]
Address: [Indiana Mailing Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE OF TERMINATION:
You are hereby notified that your tenancy at the above premises will terminate on[Date — 60 days from service]. You must vacate and surrender possession by that date.
INDIANA COMPLIANCE NOTE
Your security deposit will be returned within 45 days of vacating per IC 32-31-3-12, with an itemized list of any deductions. Please provide a forwarding address upon vacating.