What notice does a landlord have to give before evicting for unpaid rent in Indiana?
At least 10 days' notice to terminate for unpaid rent, unless the parties agreed otherwise or the tenant pays in full before the notice expires.
Verified Source: IC 32-31-1-6 · last checked 2026-10-23
How this works in Indiana
Indiana requires at least 10 days' notice to terminate for unpaid rent, unless the parties agreed otherwise or the tenant pays in full before the notice expires.
Worked example for Indiana
Example: A tenant does not pay rent when due, and you give notice on May 1, 2026. Unless the parties agreed otherwise, the notice must give at least 10 days, so it may not expire before May 11, 2026. If the tenant pays the rent in full before the notice period expires, you may not terminate under this rule.
Indiana timelines and limits
Notice to terminate for unpaid rent
At least 10 days' notice, unless the parties agreed otherwise
If the tenant pays in full before the notice expires
The landlord may not terminate under this unpaid-rent notice rule
Indiana FAQ
How much notice does an Indiana landlord have to give for unpaid rent?
At least 10 days' notice to terminate, under IC 32-31-1-6, unless the parties agreed otherwise or the tenant pays in full before the notice expires.
What if the tenant pays the rent in full before the notice expires?
The landlord may not terminate the lease under this rule if the tenant pays the rent in full before the notice period expires.
Can the parties agree to a different notice period?
Yes. The 10-day notice rule applies unless the parties otherwise agreed.
Sources for this section: IC 32-31-1-6 (checked 2026-10-23)
This is general information, not legal advice. The verified rule and official sources above control. Check the source or a local attorney for your situation.
Related Indiana rules
Eviction court process & timeline
In an action for possession, the court issues an order to show cause with a hearing no earlier than 5 business days after service (IC 32-30-3-2(a)), may order possession after that hearing, and the sheriff may remove occupants no earlier than 48 hours after the order of possession is served (IC 32-30-3-10).
An eviction filed as a regular civil action carries a $100 civil costs fee (IC 33-37-4-4(a)). An eviction filed on a small claims docket carries a $35 small claims costs fee plus a $10 service fee for each defendant (IC 33-37-4-6(a)(1)). Additional fees under IC 33-37-5 may apply.
Banned. Except by court order, a landlord may not change locks or add devices to exclude the tenant, remove doors, windows, fixtures or appliances, or cut off electricity, gas, water or other essential services (except for emergencies, good-faith repairs or necessary construction). Doesn't apply to abandoned units.
A landlord may not retaliate against a tenant for protected activity: complaining to a code agency about health or safety violations, complaining in writing to the landlord about violations of IC 32-31-5-6 or 32-31-8-5, suing under IC 32-31-6 or -8, joining a tenants' organization, or testifying against the landlord. Prohibited retaliation includes raising rent, cutting services, or bringing or threatening an eviction. The landlord may still decline to renew, raise rent to market, or cut services to all tenants equally. Local units may not regulate retaliation.
A tenant who stays after the lease ends without the landlord's consent is a tenant at sufferance and no notice is needed to end the tenancy (IC 32-31-1-8(4)). If the landlord consents to continued occupancy, the tenancy is month to month (IC 32-31-1-2).
No state statute authorizing rent withholding or court rent escrow was found in IC 32-31 chapters 1 through 12 (including 2.9 and 8.5). Reviewed by full-text search.
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