An Indiana 10-day eviction notice is the written warning a landlord must give a tenant who hasn’t paid rent, telling them to pay the full balance within 10 days or vacate the property. It comes from Indiana Code 32-31-1-6, and it is a required step before a landlord can file for eviction based on unpaid rent.1Indiana General Assembly. Indiana Code 32-31-1-6 – Rent; Refusal or Neglect to Pay Skip it, or serve it incorrectly, and the case can be dismissed.
When the 10-Day Notice Applies
This notice is only for one thing: unpaid rent. Indiana Code 32-31-1-6 permits a landlord to terminate a lease “if a tenant refuses or neglects to pay rent when due” with at least 10 days’ written notice.1Indiana General Assembly. Indiana Code 32-31-1-6 – Rent; Refusal or Neglect to Pay Other lease violations, such as unauthorized pets, noise, or property damage, fall under different notice rules and timelines. The 10-day notice cannot be stretched to cover every dispute.
The statute also lets the parties agree to different terms in the lease itself. A lease that spells out a different cure period or notice procedure can override the 10-day default, as long as both sides signed on to it in writing.1Indiana General Assembly. Indiana Code 32-31-1-6 – Rent; Refusal or Neglect to Pay
What the Notice Must Include
Indiana Code 32-31-1-7 provides a statutory form. At minimum, the notice must direct the tenant to vacate within 10 days unless the overdue rent is paid within that time.2Indiana General Assembly. Indiana Code 32-31-1-7 – Forms; Notice to Quit; Failure or Refusal to Pay Rent To hold up in court, the document should also make the following clear:
- The full legal names of every adult tenant on the lease.
- The exact street address of the rental unit.
- The specific dollar amount of unpaid rent. Rent only. Rolling in late fees or utility charges creates trouble unless the lease defines them as “additional rent.”
- The date the notice is signed and delivered, which starts the 10-day clock.
- Where and how the tenant can submit payment, such as a mailing address, office, or accepted payment methods.
Accuracy matters more than most landlords realize. A notice that overstates the balance or names the wrong tenant can be thrown out. Cross-check every figure against the lease and rent ledger before signing. Standard forms are available through county clerk offices and the Indiana Apartment Association.
How to Deliver the Notice
A well-drafted notice is worthless if service is botched. Indiana Code 32-31-1-9 lists three delivery methods in a specific order of priority, and each one is only available after the previous method fails.3Indiana General Assembly. Indiana Code 32-31-1-9 – Service of Notices
- Hand the notice directly to the tenant. This is the strongest form of service and the hardest to challenge.
- If the tenant cannot be found, give the notice to another person living at the property. The person serving must explain what the document is to the person receiving it.3Indiana General Assembly. Indiana Code 32-31-1-9 – Service of Notices
- If nobody is home, attach a copy to a visible part of the property, such as the front door.
Posting on the door when the tenant is standing right there would not survive a challenge. Keep a written record documenting the date, time, and method of service. That log becomes evidence if the tenant later claims they never received the notice.
How to Count the 10 Days
The statutory form tells the tenant to leave “not more than ten (10) days after you receive this notice” unless the rent is paid.2Indiana General Assembly. Indiana Code 32-31-1-7 – Forms; Notice to Quit; Failure or Refusal to Pay Rent The day of receipt is day zero; the count starts the next day. Weekends and holidays count. A notice served on March 1 runs through March 11, and the landlord cannot file for eviction until March 12.
Filing even one day early can get the case dismissed and force the landlord to start over. When in doubt, add a day.
The Tenant’s Options During the 10 Days
The notice does not end the tenancy on its own. If the tenant pays the full amount of overdue rent before the window closes, the notice is canceled and the lease continues.1Indiana General Assembly. Indiana Code 32-31-1-6 – Rent; Refusal or Neglect to Pay “Full” is the key word. A partial payment does not satisfy the notice.
Landlords should also think carefully before accepting partial payment after the 10 days have run. There is no Indiana statute that spells out the effect in black and white, but courts in many jurisdictions treat acceptance as an implied waiver of the right to proceed. A landlord who wants to accept partial payment while preserving eviction rights should put the arrangement in writing with clear deadlines.
Tenants have a few real defenses. Improper notice is the most common: wrong amount, wrong name, defective service, or a filing before day 11. Proof of a payment the landlord failed to credit is another. Retaliation may also apply, though only in narrow circumstances discussed below.
One defense that does not work in Indiana is withholding rent over repairs. Indiana does not allow tenants to hold back rent or deduct repair costs to pressure a landlord to fix problems. Stopping payment over a maintenance dispute still leads to eviction for non-payment. Tenants facing habitability issues must instead give the landlord written notice of the problem and a reasonable time to fix it, and then file a separate lawsuit for damages and repairs if the landlord doesn’t act. Documentation of serious habitability problems may affect the amount of back rent a judge orders at the eviction hearing, but it is not a shield against the eviction itself.
Filing for Eviction After the Notice Expires
If the tenant neither pays nor vacates within 10 days, the landlord files an eviction case in the small claims division of the county court where the property sits. The case begins with a Notice of Claim, which must list the names and addresses of both parties, the nature of the claim, and any rent or damages sought.4Indiana Judicial Branch. Indiana Code Small Claims Rules
Filing fees run $87, plus $28 for sheriff’s service of the paperwork.5Indiana State Board of Accounts. 2025 Court Costs and Fees by Case Type The tenant must be served with the Notice of Claim at least 10 days before the court date.6Indiana Courts. Small Claims Manual 2026
Bring everything to the hearing: the signed lease, the 10-day notice with proof of service, a rent ledger showing the outstanding balance, and any written communications with the tenant about the missed rent. Organized paperwork tends to move cases faster.
The Hearing and Removal
At the hearing, the judge reviews the evidence to decide whether the landlord followed the notice rules and is entitled to possession. An order of possession can issue only after the tenant has received notice and had a chance to appear and be heard.4Indiana Judicial Branch. Indiana Code Small Claims Rules A tenant who doesn’t show up can still lose based on the landlord’s evidence.
When the landlord wins, the court issues an Order of Possession with a date by which the tenant must leave. The judgment can also include a money award for unpaid rent and court costs. If the tenant stays past the deadline, the landlord requests a writ of assistance, and a county sheriff carries out the physical removal. The landlord typically pays for a moving company and removal costs. Only the sheriff has the authority to remove a tenant.
What Landlords Cannot Do
Indiana Code 32-31-5-6 prohibits removing a tenant without a court order. A landlord cannot deny or interfere with a tenant’s access to the home by:7Indiana General Assembly. Indiana Code Title 32 Property 32-31-5-6
- Changing the locks or adding devices to keep the tenant out.
- Removing doors, windows, fixtures, or appliances from the unit.
- Shutting off electricity, gas, water, or other essential services.
The only exceptions are genuine emergencies, good-faith repairs, or necessary construction. A landlord who resorts to lockouts or utility shutoffs opens themselves to a wrongful eviction lawsuit. Tenants can recover actual losses such as temporary housing, spoiled food, and lost belongings, along with potential additional penalties.
Indiana Code 32-31-8.5-5 also bars retaliation against tenants who exercise protected rights, such as reporting code violations or requesting repairs. The protection has limits. A landlord can still pursue eviction for non-payment even after a tenant has filed a complaint, as long as the tenant hasn’t cured the default within the time set by 32-31-1-6.8Indiana General Assembly. Indiana Code 32-31-8.5-5 – Retaliatory Acts by Landlord Prohibited Retaliation is easiest to prove when a current-paying tenant suddenly receives a notice right after complaining to a housing authority, and much harder when the ledger shows a real unpaid balance.