Indiana Notice to Cure or Quit (Lease Violation Other Than Nonpayment)

INDIANA NOTICE TO CURE OR QUIT (LEASE VIOLATION OTHER THAN NONPAYMENT)

TABLE OF CONTENTS

1. Caption / Header
2. Recitals — Tenancy and Rental Agreement
3. Description of the Lease Violation(s)
4. Lease Provisions Violated and Statutory Duties
5. Statutory and Contractual Demand to Cure or Quit
6. Cure Instructions
7. Consequences of Non-Compliance
8. Right to Inspection and Verification of Cure
9. Reservation of Rights — No Waiver
10. Tenant Resources and Required Disclosures
11. Signature Block
12. Proof of Service
13. Indiana Practice Notes
14. Sources and References

1. CAPTION / HEADER

TO: [TENANT FULL LEGAL NAME] and all other occupants

RENTAL PREMISES: [STREET ADDRESS, UNIT NUMBER, CITY, INDIANA, ZIP CODE] (the "Premises")

FROM: [LANDLORD / OWNER / AUTHORIZED AGENT NAME]

DATE OF NOTICE: [__/__/____]

RE: NOTICE OF LEASE VIOLATION — DEMAND TO CURE OR QUIT

2. RECITALS — TENANCY AND RENTAL AGREEMENT

2.1. Tenancy. Tenant [TENANT NAME] is the tenant of the Premises pursuant to a [☐ written lease ☐ oral month-to-month ☐ holdover] rental agreement (the "Rental Agreement") with Landlord [LANDLORD NAME], dated [__/__/____].

2.2. Lease Term. [☐ Fixed term ending __/__/____ ☐ Month-to-month ☐ Tenancy at will under Ind. Code § 32-31-1-1].

2.3. Property Type. ☐ Single-family residence ☐ Multi-family / apartment ☐ Duplex ☐ Manufactured / mobile home ☐ Mobile-home lot tenancy (Ind. Code § 32-31-7-7 controls — 30-day cure required) ☐ Condominium / townhome ☐ Other: [__________].

2.4. Authority. The undersigned [☐ is the Landlord ☐ is the duly authorized agent / property manager / attorney for the Landlord] and is authorized to issue this notice.

3. DESCRIPTION OF THE LEASE VIOLATION(S)

You are hereby notified that the Landlord has determined that you are in material breach of one or more of your obligations under the Rental Agreement and/or Ind. Code § 32-31-7. Specifically:

3.1. Nature of Violation. ☐ Unauthorized occupant(s) ☐ Unauthorized pet(s) ☐ Unauthorized subletting / assignment ☐ Nuisance or disturbance of other residents ☐ Damage to the Premises beyond ordinary wear and tear ☐ Failure to maintain Premises in clean and safe condition (Ind. Code § 32-31-7-5) ☐ Unauthorized alteration of the Premises ☐ Refusal to allow Landlord access for inspection or repair (Ind. Code § 32-31-5-6) ☐ Violation of community / HOA rules incorporated into the Lease ☐ Smoking in violation of a no-smoking provision ☐ Parking / vehicle violation ☐ Failure to maintain renter's insurance as required by Lease ☐ Other: [___________________________________________________].

3.2. Specific Facts. A factual description of the breach, with dates and specifics, is as follows:

[Detailed factual description: WHO did WHAT, WHEN, WHERE, with WHAT consequence. Include reference numbers for prior warnings, photographs taken on dates ___, code-enforcement complaint numbers if any, names of complaining neighbors if appropriate, etc.]

3.3. Prior Notices. ☐ This is the FIRST notice of this violation.
☐ Prior notices were issued on [__/__/____] and [__/__/____] addressing the same or related conduct.

4. LEASE PROVISIONS VIOLATED AND STATUTORY DUTIES

4.1. Lease Provisions Violated. The conduct described in Section 3 constitutes a violation of the following provisions of the Rental Agreement:

4.2. Statutory Duties Violated. The conduct further violates one or more of the following statutory duties:

• Ind. Code § 32-31-7-5 — Tenant must comply with all obligations imposed under building, housing, and health codes; keep the dwelling clean and safe; dispose of waste in a clean, safe, and legal manner; use plumbing, electrical, sanitary, heating, ventilating, air-conditioning, elevator, and other facilities and appliances in a reasonable manner; refrain from defacing, damaging, destroying, impairing, or removing any part of the Premises or fixtures.

• Ind. Code § 32-31-7-6 — Tenant must permit access by Landlord at reasonable times for inspection and repair upon reasonable notice (typically 24 hours).

• Ind. Code § 32-31-7-7 (mobile-home tenancies only) — Tenant breach gives rise to a 30-day right to cure.

5. STATUTORY AND CONTRACTUAL DEMAND TO CURE OR QUIT

Pursuant to the Rental Agreement and applicable Indiana law, you are hereby NOTIFIED and DEMANDED, within [☐ THIRTY (30) DAYS ☐ ___ DAYS as specified in Lease § ____] after your receipt of this notice, to do ONE of the following:

☐ OPTION A — CURE: Fully and completely cure each violation described in Section 3 in the manner specified in Section 6 below; OR

☐ OPTION B — QUIT: Vacate and surrender possession of the Premises to the Landlord, removing all persons and personal property, and return all keys, garage door openers, parking permits, and access devices.

IF YOU FAIL TO DO EITHER WITHIN THE CURE PERIOD STATED ABOVE, the Rental Agreement will be deemed materially breached and Landlord intends to:

5.1. Terminate the Rental Agreement;

5.2. Commence a civil action for possession (eviction) in the [☐ ____________ Township Small Claims Court (Marion County) ☐ Circuit / Superior Court small-claims docket ☐ Circuit / Superior Court under Ind. Code § 32-30-2 (ejectment) or § 32-30-3 (immediate possession)];

5.3. Seek a money judgment for all damages caused by the breach, holdover rent, court costs, and, where authorized, attorney fees.

6. CURE INSTRUCTIONS

To CURE the violation(s) described in Section 3, you must take the following specific action(s):

6.1. Documentation of Cure. You must provide written documentation of cure to Landlord at the address in Section 5 of the Pay-or-Quit Notice or the address below, including, where applicable: photographs, receipts, professional service records, written confirmations, or signed acknowledgments.

6.2. Inspection. Landlord reserves the right to inspect the Premises following Tenant's claim of cure, on [24/48] hours' written notice consistent with Ind. Code § 32-31-5-6.

6.3. Recurrence. A subsequent violation of the same or substantially similar nature within [6/12] months following cure may, at Landlord's option, be treated as an incurable breach.

7. CONSEQUENCES OF NON-COMPLIANCE

If you do not CURE or QUIT within the cure period:

7.1. The Rental Agreement may be terminated by Landlord, in writing, effective immediately upon expiration of the cure period.

7.2. Landlord intends to file a civil action seeking (a) possession of the Premises, (b) judgment for all damages caused by the breach, (c) holdover rent (Ind. Code § 32-31-1-3, where applicable), (d) court costs, and (e) attorney fees if authorized by the Rental Agreement or statute.

7.3. Landlord may apply your security deposit toward damages caused by the breach pursuant to Ind. Code § 32-31-3-13, with itemization required within 45 days of termination of occupancy under § 32-31-3-14.

7.4. Self-Help Prohibited. Landlord will not engage in any "self-help" repossession, lockout, utility shutoff, or removal of Tenant's personal property. Recovery of possession will be solely by court process.

8. RIGHT TO INSPECTION AND VERIFICATION OF CURE

8.1. Landlord's Right of Entry. Pursuant to Ind. Code § 32-31-5-6, Landlord may enter the Premises with reasonable notice (typically 24 hours, except in emergencies) to inspect, perform repairs, or verify cure of the violations described herein.

8.2. Tenant's Cooperation. Tenant's refusal to permit reasonable inspection is itself a breach of the Rental Agreement and Indiana law and may be cited as additional grounds for termination.

8.3. Reinspection Date. Landlord proposes to reinspect the Premises on [__/__/____] at [____] [☐ a.m. ☐ p.m.] to verify cure. Please advise if this date and time are inconvenient; an alternative time may be arranged.

9. RESERVATION OF RIGHTS — NO WAIVER

9.1. No Waiver of Past Breach. Acceptance of rent for periods after the date of this notice does NOT constitute a waiver of the violations described herein, of this notice, or of Landlord's right to terminate. To the extent permitted by law, Landlord expressly reserves all rights and remedies.

9.2. Cumulative Remedies. Remedies are cumulative and in addition to any other remedies at law or in equity.

9.3. Continuing Obligations. Tenant remains liable for rent, utilities, and care of the Premises until possession is surrendered or recovered.

10. TENANT RESOURCES AND REQUIRED DISCLOSURES

You may have the right to legal advice and representation.

• Indiana Legal Help — https://indianalegalhelp.org
• Indiana Legal Services, Inc. (ILS) — 1-800-869-0212
• Heartland Pro Bono Council (Marion County) — https://heartlandprobono.com
• Housing4Hoosiers — https://housing4hoosiers.org
• Indiana Civil Rights Commission (fair housing) — 1-800-628-2909
• HUD Fair Housing Hotline — 1-800-669-9777

Reasonable Accommodation Notice. If you have a disability and the alleged violation is related to a disability (e.g., assistance-animal "pet violation," disability-related modification, behavior arising from a documented disability), you may have the right to request a reasonable accommodation or modification under the federal Fair Housing Act, 42 U.S.C. § 3604(f), and Ind. Code § 22-9.5. Submit any accommodation request in writing to Landlord without delay.

Eviction Record Sealing. Under Ind. Code § 32-31-11-3, dismissal of any eviction action, judgment in your favor, or full satisfaction of a money judgment may entitle you to seal the eviction record from public view.

11. SIGNATURE BLOCK

Dated this [____] day of [MONTH], [YEAR].

LANDLORD / AUTHORIZED AGENT:

Signature: [________________________________]

Printed Name: [________________________________]

Title / Capacity: ☐ Owner ☐ Property Manager ☐ Authorized Agent ☐ Attorney for Landlord

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

12. PROOF OF SERVICE

I, [________________________________], being competent to testify and having personal knowledge of the matters stated, declare under penalty of perjury under the laws of the State of Indiana (Ind. Code § 35-44.1-2-1) that on [__/__/____] at approximately [____] [☐ a.m. ☐ p.m.], I served the foregoing NOTICE TO CURE OR QUIT on the Tenant identified above, by the following method(s):

☐ Personal delivery to Tenant at the Premises.

☐ Personal delivery to [NAME, RELATIONSHIP], a person of suitable age and discretion residing at the Premises.

☐ Posting of a copy in a conspicuous place at the front door of the Premises after diligent effort to find Tenant.

☐ U.S. Certified Mail, Return Receipt Requested. Tracking #: [________________________________].

☐ U.S. First-Class Mail, addressed to Tenant at the Premises and any known forwarding address.

☐ Electronic delivery to [________________________________] (only if expressly authorized by the Rental Agreement).

Signature of Server: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

13. INDIANA PRACTICE NOTES

13.1. No general statutory cure period. Outside the mobile-home context (§ 32-31-7-7), Indiana statute does NOT impose a cure period for non-monetary breach. The lease and the implied covenant of good faith control. The 30-day default in this template is conservative and reflects (a) the mobile-home statute by analogy, (b) tenancy-at-will termination periods under § 32-31-1-1, and (c) common Indiana lease forms.

13.2. Mobile-home lot tenancies — 30-day cure mandatory. Ind. Code § 32-31-7-7 mandates a 30-day cure for breach of a covenant in a mobile-home community. Use of a shorter period for a mobile-home lot is fatal to the eviction action.

13.3. Material vs. de minimis breach. Indiana courts apply a materiality standard. Trivial or technical violations (one extra overnight guest; one barking incident) generally do not support eviction; documented, recurring, and injurious breaches do.

13.4. Repeated/continuing breaches. Where the same conduct recurs after cure, many Indiana leases (and judges) treat the recurrence as incurable. Document each prior notice carefully.

13.5. Habitability counter-claim risk. A tenant who has demanded repairs in writing under § 32-31-8-5 may counter-claim that the alleged breach (e.g., "damaged floor") is a consequence of Landlord's failure to repair. Document the condition at move-in (move-in checklist) and after each notice.

13.6. Refusal of access cases. Refusal to permit lawful entry under § 32-31-5-6 is one of the strongest "cure or quit" predicates because it is documentable and typically not protected. A 24-hour written entry notice and a refused-entry log are critical evidence.

13.7. Anti-discrimination overlay. Verify that the rule being enforced is facially neutral, consistently applied, and not pretext. Disparate-treatment and disparate-impact theories are both available under the federal FHA and Ind. Code § 22-9.5.

13.8. Indianapolis ordinance. Marion County / City of Indianapolis ordinances (Code of Ordinances Title III, Chapter 582 — Protection of Tenants' Rights) include certain anti-discrimination provisions; portions related to substantive landlord-tenant regulation were preempted by HEA 1389 (2020), but anti-discrimination provisions remain in force.

14. SOURCES AND REFERENCES

• Ind. Code § 32-31-1-1 — Tenancy at will; one-month written notice. https://iga.in.gov/laws/indiana-code/title-32
• Ind. Code § 32-31-1-4 — Tenancy at will exceptions.
• Ind. Code § 32-31-5-6 — Right of entry / privacy.
• Ind. Code § 32-31-7-5 — Tenant obligations.
• Ind. Code § 32-31-7-6 — Tenant cooperation with access.
• Ind. Code § 32-31-7-7 — Mobile-home tenancy 30-day cure.
• Ind. Code § 32-31-8-5 — Implied warranty of habitability.
• Ind. Code § 32-31-8.5-4, -5 — Retaliatory acts.
• Ind. Code § 32-31-3-13, -14 — Security deposit deductions and itemization.
• Ind. Code § 32-31-11-3 — Eviction record sealing.
• Ind. Code § 32-30-2, -3 — Ejectment and immediate possession.
• Ind. Code § 22-9.5 — Indiana Fair Housing Act.
• 42 U.S.C. § 3604 — federal Fair Housing Act.
• Indiana Rules of Trial Procedure, Rules 5–6.
• Indiana Small Claims Rules.
• Marion County Small Claims Court Rules — https://smallclaims.lawtwp.org/
• Indianapolis-Marion County Code of Ordinances Title III, Chapter 582.

END OF NOTICE