Indiana's nonpayment rule is one sentence long: if a tenant refuses or neglects to pay rent when due, the landlord may terminate the lease on not less than ten days' notice — unless the parties agreed otherwise, or the tenant pays in full before the period expires. The statute even prints a suggested form. The exceptions are where most of the difficulty lives.
Start an IN Notice — $49.99 See all 50 statesThe table paraphrases the notice periods stated in IC 32-31-1. It is background information, not a determination that any of these applies to your tenancy.
| Situation | Notice stated in the statute | Citation |
|---|---|---|
| Tenant refuses or neglects to pay rent when due | Not less than 10 days — unless the parties agreed otherwise, or the tenant pays in full first | IC 32-31-1-6 |
| Tenancy at will | One month, in writing, delivered to the tenant | IC 32-31-1-1 |
| Tenancy from year to year | Not less than 3 months before the year expires | IC 32-31-1-3 |
| Periodic tenancy of 3 months or less | Notice equal to the interval between periods | IC 32-31-1-4 |
| Fixed term that has run out; tenant at sufferance; rent-in-advance refused | Statute lists these among situations where notice is not required | IC 32-31-1-8 |
IC 32-31-1-7 sets out a form of notice that "may be used" when a tenant fails or refuses to pay rent. It is short, and its operative sentence reads:
The statute frames this as permissive rather than mandatory, and it still needs the date, the tenant's name, a description of the property, and the landlord's name. Whether your notice needs anything further — an amount, a payment address, lease-specific language — is a legal question we do not answer for you.
IC 32-31-1-9 addresses service of the notices required under sections 1 through 7. As published, it describes a sequence: notice may be served on the tenant; if the tenant cannot be found, on a person residing at the premises, with the server explaining the contents to that person; and if no such person is found on the premises, by affixing a copy to a conspicuous part of the premises.
Mail is not named in that section. Many Indiana landlords still mail a copy in addition to serving it, so there is a dated record of what was sent — but whether mailing alone satisfies § 9 in your case is a legal question for your attorney, not something this page or our service decides.
For unpaid rent, IC 32-31-1-6 states not less than ten days — subject to two carve-outs: the parties may have agreed otherwise in the lease, and the tenant defeats the termination by paying in full before the period expires. Other tenancy types carry different periods, from one month for a tenancy at will to three months for a year-to-year tenancy.
IC 32-31-1-7 supplies a form that "may be used" for nonpayment, and IC 32-31-1-5 supplies one for year-to-year terminations. The statute's permissive wording is not a promise that any particular document will be accepted in your case. Confirm with an Indiana attorney.
IC 32-31-1-8 lists situations in which the statute says notice is not required — among them a lease for a specified period and a tenant at sufferance. Whether your facts fall inside that list is exactly the kind of judgment that belongs with a lawyer. We do not make it, and neither should a form website.
IC 32-31-1-9 describes service on the tenant, then on a person residing at the premises with the contents explained, then by posting conspicuously on the premises. Landlords commonly document delivery in addition to serving. A USPS Certified Mail record — which EvictServe emails you — is one way to establish that a document was sent, on a date, to an address.
If the tenant has not paid or moved, the landlord generally files a possession action in the appropriate Indiana court, often the county or township small claims division. Timing, venue, and pleading requirements are procedural questions for counsel.
In most jurisdictions, once the applicable notice period has elapsed without a cure, the landlord may begin a possession action in the appropriate court. A USPS Certified Mail receipt — which you receive by email from us — is a form of delivery documentation commonly referenced in landlord-tenant filings. Whether any particular court accepts it, and whether your ground and day count are correct, are matters for the landlord and the landlord's attorney to evaluate.
EvictServe is not a law firm, does not practice law, and does not give legal advice. We provide a self-service document-and-mail tool.
Indiana Code, IC 32-31-1 (General Provisions), 2026 edition — Indiana General Assembly (PDF)
IC 32-31-1 current chapter text — Justia
Indiana eviction process overview — Nolo
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