Skip to content
EvictWeb
Eviction rules depend on the state. Which state is the rental in?

Indiana eviction laws

Notices, deadlines, court and tenant rights in Indiana — in plain English.

Learn › Indiana

Overview

The court case
Eviction (ejectment / action for possession)
Court
Small Claims Court or Circuit/Superior Court (small claims docket) in the county where the property is located; Marion County Township Small Claims Courts
Main laws
Ind. Code 32-31-1 (notices); IC 32-31-4 (ejectment); IC 32-31-5 to 32-31-8 (residential landlord-tenant)

Just-cause protection

No statewide law

Indiana has no just-cause rule. State law bars cities and counties from adding landlord-tenant rules like just-cause or rent control. (IC 32-31-1-20)

Notices before filing, by reason

What a landlord must serve before filing — and what a tenant should expect to receive.

Unpaid rent — 10-Day Notice to Pay Rent or Quit

The landlord must give a written 10-day notice to pay the rent or leave. If the tenant pays all the rent due within the 10 days, the landlord cannot file.

10-Day Notice to Pay Rent or Quit

Notice period
10 days
Counting
Do not count the day the tenant receives the notice. Count calendar days. If the last day is a weekend or legal holiday, wait until the next business day before filing.
Tenant can fix it?
Yes, within the notice period
Must include
  • Date of the notice
  • Tenant name(s)
  • Description/address of the property
  • Statement: "You are notified to vacate the following property not more than ten (10) days after you receive this notice unless you pay the rent due on the property within ten (10) days"
  • Amount of rent due (recommended)
  • Landlord name and signature
How to serve
Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door. Serve the tenant in person. If the tenant cannot be found, give it to a person living at the premises and explain what the notice says. If no one is there, attach a copy to a conspicuous part of the premises (e.g. the front door). Mail is not listed in the statute; if used, it is only in addition to one of these methods.
Official form
Statutory form language in IC 32-31-1-7 (no separate court form)
Law
IC 32-31-1-6, 32-31-1-7
  • Double-check with the court: IC 32-31-1-8 says no notice is needed when a written lease requires rent in advance and the tenant fails to pay, which seems to conflict with the 10-day notice in IC 32-31-1-6. Most Indiana courts and landlords still serve the 10-day notice; it is the safer choice.
The tenant broke the lease or rules — Notice of Lease Violation / Notice to Quit

Indiana law does not set a specific notice for lease violations. Follow the notice terms in the lease. If the lease is silent, landlords commonly give a written notice to fix the problem or move out before filing.

Notice of Lease Violation / Notice to Quit

Notice period
10 days
Counting
Do not count the day the tenant receives the notice. Count calendar days. If the last day is a weekend or legal holiday, wait until the next business day before filing.
Tenant can fix it?
Yes, within the notice period
Must include
  • Tenant name(s) and property address
  • The lease term violated and what happened
  • What the tenant must do to fix it (if curable) and the deadline
  • Date to leave if not fixed
  • Landlord signature and date
How to serve
Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door. Serve the tenant in person. If the tenant cannot be found, give it to a person living at the premises and explain what the notice says. If no one is there, attach a copy to a conspicuous part of the premises (e.g. the front door). Mail is not listed in the statute; if used, it is only in addition to one of these methods.
Law
lease terms; IC 32-31-1-9 (service)
  • Double-check with the court: there is no statewide statutory period for lease violations; 10 days is common practice. Use the lease's notice period if it is longer.
  • A tenant at will who commits waste (serious damage) can be removed without notice under IC 32-31-1-8.
The lease ended and the tenant stayed — no notice required

When a fixed-term lease ends on its stated date, no notice is required to end it. The landlord can file if the tenant stays past the end date.

  • If the landlord accepts rent after the lease ends, a month-to-month tenancy may be created, which then needs a one-month notice.
  • Check the lease for automatic renewal or required notice of non-renewal.
Ending a month-to-month tenancy (no fault) — Notice to Terminate Tenancy (Notice to Quit)

A month-to-month tenancy (tenancy at will) can be ended with at least one month's written notice. A year-to-year tenancy needs 3 months' notice. Shorter periodic tenancies need notice equal to the rent period.

Notice to Terminate Tenancy (Notice to Quit)

Notice period
30 days (week-to-week: 7 days, month-to-month: 30 days, year-to-year: 90 days)
Counting
Do not count the day the tenant receives the notice. Count calendar days. If the last day is a weekend or legal holiday, wait until the next business day before filing. For month-to-month, give at least one full month.
Tenant can fix it?
No
Must include
  • Tenant name(s) and property address
  • Statement that the tenancy ends and the date the tenant must leave
  • Landlord signature and date
How to serve
Hand it to the tenant in person; Leave it with an adult who lives there (and mail a copy if required); Post it on the door. Serve the tenant in person. If the tenant cannot be found, give it to a person living at the premises and explain what the notice says. If no one is there, attach a copy to a conspicuous part of the premises (e.g. the front door). Mail is not listed in the statute; if used, it is only in addition to one of these methods.
Law
IC 32-31-1-1, 32-31-1-3
  • Double-check with the court: 'one month' is safest counted as a full rental period ending the day before rent is due.
Illegal activity, violence or serious damage — no notice required

Indiana has no special short notice for criminal activity in most private rentals. Serious damage (waste) by a tenant at will allows removal without notice; otherwise follow the lease or the violation notice.

  • Double-check with the court: if the lease allows immediate termination for criminal activity, courts generally enforce it; a written notice to quit is still recommended.
  • Emergency possession hearings may be available where there is a threat to safety (IC 32-30-3). VERIFY with the local court.

How a tenant responds

Indiana eviction cases are usually heard in small claims court. No written answer is required: the tenant must appear at the hearing date on the summons (the possession hearing). A second hearing on money damages is often set later. Missing the hearing can lead to a default judgment.

Deadline: at the hearing (no fixed written-answer deadline) · Ind. Small Claims Rules 4, 10; IC 32-31-4

City and local rules

  • State law (IC 32-31-1-20) preempts local ordinances that regulate landlord-tenant relations, so Indianapolis and other cities cannot add just-cause or rent rules. Indianapolis offers voluntary tenant legal assistance programs.

Official court forms

Landlords

  • Notice of Claim — Emergency Possession by Landlord

All Indiana forms →

Sources

Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.