When to Send a 10 Day Notice

A landlord’s first step in removing a tenant from a property is to serve a 10-Day Notice to Quit. This is a letter to the tenant that tells the tenant to vacate the property within 10 days or come into compliance with the landlord’s requests.

An obvious circumstance for when a 10-Day notice is permitted is when the landlord has not received rent payment from the tenant. Indiana law 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. 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 other provision of the lease is violated. A tenant can fix whatever violation 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 law also lays out when a Notice to Quit 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.

Determining whether you are permitted to send a Notice to Quit can be a tricky process to sort out. Contact McNeelyLaw to speak to an experienced attorney about your needs.

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.