DISCLAIMER (READ CAREFULLY)
I am not your attorney, this template is provided for general informational purposes only, and it is not legal advice. Use of this template does not create an attorney–client relationship. Eviction procedures are strictly regulated; before using or relying on this document, consult a qualified Indiana lawyer to ensure compliance with current law and with the facts of your particular matter.

[DRAFT] INDIANA EVICTION NOTICE

(“Notice to Quit and Demand for Possession”)

[// GUIDANCE: Populate every bracketed field in ALL-CAPS with matter-specific information before service.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Parties.
a. Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE] with principal address at [LANDLORD ADDRESS] (“Landlord”).
b. Tenant(s): [TENANT FULL LEGAL NAME(S)] residing at the Premises described below (“Tenant”).

1.2 Premises. The residential real property commonly known as [PREMISES ADDRESS], located in [COUNTY] County, Indiana (the “Premises”).

1.3 Lease. That certain lease or rental agreement dated [LEASE DATE] between Landlord and Tenant (the “Lease”).

1.4 Effective Date. This Notice is effective as of [DATE NOTICE SIGNED] (“Effective Date”).

1.5 Governing Law & Venue. Indiana landlord-tenant law and the exclusive jurisdiction of the [INSERT COUNTY] Superior Court – Housing Division (or other court of competent jurisdiction) apply.

2. DEFINITIONS

For purposes of this Notice, capitalized terms have the following meanings:

“Business Day” – Any day other than Saturday, Sunday, or a state-recognized holiday.
“Cure Amount” – The total monetary sum or other action Tenant must perform to remedy the Default, calculated as of the Effective Date.
“Default” – The Lease violation(s) identified in Section 3.1.
“Notice Period” – The statutory window, beginning on the day after service, within which Tenant must Cure the Default or surrender possession.
“Service” – The delivery of this Notice to Tenant in compliance with Section 3.5.

3. OPERATIVE PROVISIONS

3.1 Default Description.
[Select all that apply and complete details.]
a. Non-Payment of Rent: Tenant failed to pay rent in the amount of $[AMOUNT] for the month(s) of [MONTH(S)/YEAR], due on [DUE DATE(S)].
b. Non-Compliance with Lease: Tenant has materially breached Section [SECTION] of the Lease by [DESCRIBE BREACH].
c. Holdover: Tenant remains in possession after Lease expiration on [EXPIRATION DATE].

3.2 Statutory Notice Period.
a. Non-Payment of Rent – Ten (10) days to pay or quit pursuant to Ind. Code § 32-31-1-6.
b. Lease Non-Compliance or Holdover – Thirty (30) days to cure or quit (or other period required under applicable law).
[// GUIDANCE: Insert correct period for your fact pattern; confirm any shorter or longer periods triggered by waste, unlawful activity, or federally-subsidized housing.]

3.3 Cure Amount / Action. Tenant must, on or before the last calendar day of the Notice Period (“Cure Deadline”):
• Pay Landlord the Cure Amount of $[TOTAL AMOUNT DUE AS OF EFFECTIVE DATE] by [PERMITTED PAYMENT METHOD(S)], or
• Take the following corrective action: [DESCRIBE REQUIRED ACTION].

3.4 Demand for Possession. Failing full cure by the Cure Deadline, Tenant must immediately vacate and surrender exclusive possession of the Premises, leaving it in broom-clean condition, by [DATE – LAST DAY OF NOTICE PERIOD] (“Vacate Deadline”).

3.5 Method of Service. Landlord will serve this Notice by:
☐ Personal delivery to Tenant;
☐ Certified mail, return receipt requested, addressed to the Premises;
☐ Posting conspicuously on the main entrance AND mailing as above (only if personal delivery impracticable);
☐ Other method expressly permitted by Ind. Trial Rule 4 or applicable statute: [DESCRIBE].
[// GUIDANCE: Select one. Strictly follow Indiana service rules to preserve eviction rights.]

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Landlord represents that it is the record owner or authorized property manager of the Premises and has authority to issue this Notice.
4.2 Accuracy. Landlord warrants that the Default, amounts due, and Lease excerpts stated herein are true and correct to the best of Landlord’s knowledge.
4.3 Survival. The representations and warranties in this Section survive any voluntary vacatur or court-ordered eviction.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants. Until the earlier of full Cure or physical surrender, Tenant shall:
a. Maintain the Premises in accordance with the Lease;
b. Refrain from waste, unlawful activity, or interference with quiet enjoyment of other occupants; and
c. Continue to comply with all monetary and non-monetary Lease obligations.

5.2 Landlord Access. Tenant shall provide Landlord lawful access, upon reasonable notice, to verify compliance or show the Premises to prospective tenants or purchasers.

6. DEFAULT & REMEDIES

6.1 Events of Default. Failure to (i) Cure the Default in full by the Cure Deadline or (ii) surrender the Premises by the Vacate Deadline constitutes an Event of Default.

6.2 Remedies. Upon an Event of Default, Landlord may, without further demand:
a. File an action for immediate possession and damages;
b. Seek recovery of all past-due rent, holdover damages, court costs, and reasonable attorney fees as permitted by the Lease and law;
c. Pursue any additional remedies available under the Lease or Indiana law.

6.3 Mitigation. Landlord will use commercially reasonable efforts to mitigate damages in accordance with Indiana law.

7. RISK ALLOCATION

7.1 Indemnification. Not applicable to this Notice.
7.2 Limitation of Liability. Not applicable.
7.3 Insurance. Tenant remains responsible for maintaining any renter’s insurance mandated under the Lease.
7.4 Force Majeure. Statutory eviction timelines may be tolled only to the extent required by governing emergency orders or court directives.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Notice and any resulting litigation are governed by the laws of the State of Indiana without regard to conflict-of-law rules.
8.2 Forum Selection. Exclusive venue lies in the [INSERT COUNTY] Superior Court – Housing Division (or such other court of competent jurisdiction).
8.3 Arbitration. Not available.
8.4 Jury Waiver. Nothing herein waives Tenant’s constitutional right to a jury trial.
8.5 Injunctive Relief. Landlord reserves the right to seek temporary or permanent injunctive relief as an ancillary remedy to eviction.

9. GENERAL PROVISIONS

9.1 Amendments. Any amendment to this Notice must be in writing and signed by Landlord.
9.2 Severability. If any provision is held invalid, the remainder remains enforceable.
9.3 Entire Notice. This instrument constitutes the entire statutory notice required prior to filing for eviction regarding the Defaults described.
9.4 Counterparts / Electronic Signatures. This Notice may be executed in counterparts and delivered electronically, each of which is deemed an original.

10. EXECUTION BLOCK

Executed as of the Effective Date first above written.

LANDLORD:

Name: [PRINTED NAME]
Title (if applicable): [TITLE / CAPACITY]
Date: ___

[// GUIDANCE: Include notarization only if you elect to do so; Indiana law does not require eviction notices to be notarized, but some landlords prefer the additional evidentiary weight.]

ACKNOWLEDGMENT OF RECEIPT (Optional)

I, the undersigned Tenant, acknowledge receipt of this Notice on ____, 20____.

TENANT:

Name: [TENANT NAME]

[// GUIDANCE: Tenant signature is not required for enforceability, but obtaining it can streamline proof of service.]

END OF DOCUMENT

[// GUIDANCE:
1. Attach a current rent ledger or other exhibits as needed.
2. Calendar all statutory deadlines immediately upon service.
3. If Tenant pays or cures within the Notice Period, obtain written confirmation and consult counsel before dismissing any pending eviction action.
4. Retain proof of Service (e.g., certified mail receipt, affidavit of personal delivery, photograph of posting).]