Indiana Non-Payment of Rent Notice Overview
Indiana requires a 10-day written notice to pay rent or vacate under IC 32-31-1-6 before a landlord can file an eviction action. This 10-day period gives Indiana tenants more time to cure than many neighboring states (Ohio requires 3 days, Illinois requires 5). The notice must clearly demand the specific amount of rent owed and inform the tenant that failure to pay within 10 days will result in termination of the lease.
Indiana evictions are typically filed in the Small Claims Division of the court, which keeps the process informal and relatively inexpensive. Marion County (Indianapolis) has the highest volume of eviction cases. Indiana does not have rent control or just-cause eviction laws. The 10-day notice gives tenants reasonable time to arrange payment while allowing landlords to recover possession in a timely manner.
10 Days
Notice period
$72
Avg. filing fee
Yes
Right to cure
3-5 wks
Court process
Indiana's 10-Day Notice Requirement
Under IC 32-31-1-6, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 10 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Indiana requires a 10-day notice, longer than many neighboring states (Ohio 3 days, Illinois 5 days). Indiana also has one of the country's longest abandoned property storage requirements: 90 days for items valued over $500 (IC 32-31-4). Indiana courts handle evictions through Small Claims Division for most residential cases, keeping the process informal and fast.
Indiana 90-Day Abandoned Property Rule
Under IC 32-31-4, if evicted tenants leave personal property valued at $500 or more, the landlord must store it for 90 days before disposal. Written notice to the tenant's last known address is also required. For property under $500, the storage period is shorter but notice is still required. This 90-day rule can create significant storage costs, particularly in urban areas. Landlords should document all items left behind thoroughly.
Indiana Legal Requirements (IC 32-31-1-6)
For the notice to be valid under Indiana law, it must meet specific requirements established by statute and interpreted by Indiana courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Indiana law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 10 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Indiana Grace Period & Late Fee Rules
No statutory grace period. Lease terms control. Understanding Indiana's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap. Must be reasonable and specified in lease. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Indiana law.
Indiana Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
No statutory cap.
Partial Payment
Does not cure notice. Acceptance may waive rights.
Right to Cure
Yes.
How to Serve a Non-Payment Notice in Indiana
Indiana law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Indiana courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Indiana courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Indiana Small Claims Court. Include the original notice and proof of service with your filing.
Indiana Non-Payment Eviction Timeline
The Indiana eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 10-Day Notice to Pay Rent or Vacate | Day 1 |
| Notice period expires | Day 11 |
| File eviction in Small Claims Court | Day 11-13 |
| Summons served (min 6 days before hearing) | Day 13-18 |
| Court hearing | Day 19-28 |
| Judgment entered | Day 19-28 |
| Writ of possession executed | Day 25-38 |
Total estimated time: 3-5 weeks uncontested. Marion County may have slightly longer timelines. Contested cases take 4-8 weeks.
Indiana Eviction Filing Fees & Costs
Filing fees for eviction actions in Indiana vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| Small Claims Court Filing Fee | $52 - $97 |
| Service of Process | $20 - $50 |
| Writ of Possession/Restitution | $25 - $75 |
| Attorney Fees (if hired) | $400 - $1,500 |
| Appeal (if needed) | $100 - $200 |
Sample Indiana 10-Day Non-Payment Notice
Below is a preview of our Indiana-specific non-payment notice. The final document includes all statutory language required under IC 32-31-1-6 and is formatted for Indiana court proceedings.
TEN (10) DAY NOTICE TO PAY RENT OR VACATE
STATE OF INDIANA
Pursuant to Indiana Code 32-31-1-6
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Indiana Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
INDIANA STATUTORY NOTICE:
You are in default for non-payment of rent in the amount of $[Amount] for [Month/Year]. You have TEN (10) DAYS from service to pay the full amount due or vacate. If you fail to comply within 10 days, your lease will be terminated and the landlord will file for eviction in Indiana court to recover possession, rent owed, and costs permitted by law.