When To Send A 10-Day Notice to Quit

If a tenant is in default and a landlord wants to pursue possession of the property, the landlord’s first step per the Indiana eviction laws is generally to serve a 10-Day Notice to Quit. This is a simple form, which states that the tenant has no more than 10 days to leave the property unless whatever the landlord is requesting or requesting to be done is completed by the tenant within that 10 day period. There are many instances when a landlord is able to send a tenant a 10-Day Notice to Quit form, some of which are discussed below.

An obvious circumstance for when a 10-Day notice is necessary is when the landlord has not received rent payment from the tenant. In fact, Indiana Code Section 32-31-1-7 displays the form that may be used when a tenant fails or refuses to pay rent. The form reads as follows: “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: (insert description of property here).” I.C. § 32-31-1-7.

Overall, this form is pretty cut and dry. If the tenant pays rent during the ten day period, the landlord cannot proceed further with the eviction. However, if the tenant does not pay rent or move out, then the landlord can file an eviction lawsuit with the court.

Another situation in which a landlord can send a tenant a 10-day Notice to Quit is when some rule or provision of the lease is violated. Although there is not a statute that describes what needs to occur, the relative simplicity of the process remains. The tenant can fix or retract whatever rule of provision of the lease they violated, or the landlord can proceed with the process of eviction. The same can be said for whenever the Notice is sent due to damage done on the property.

Indiana Code Section 32-31-1-8 lays out situations in which a Notice to Quit form is not needed to terminate a lease with a tenant. A few of these instances include when a tenant at will commits waste, when the landlord agrees to rent the premises to the tenant for a specific period of time ahead of time, and when the tenant is a tenant at sufferance. Also, if there is a written lease that states the landlord can file suit for breaches of the lease without notice, then a 10-day notice is not required.

Determining whether you are permitted to send a Notice to Quit, or if a Notice to Quit sent to you is valid, can be a tricky process to sort out. Contact Indiana real estate attorneys at McNeelyLaw to discuss your landlord/tenant situation.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.