Free Indiana 10-Day Notice to Pay Rent or Quit
The 10-day notice to pay rent or quit is the notice an Indiana landlord must serve before filing a possession action for nonpayment of rent. Ind. Code § 32-31-1-6 requires not less than 10 days to pay in full or vacate, and a key protection for tenants: if the tenant pays within the 10 days, the notice is void and the tenancy continues. Serve it under Ind. Code § 32-31-1-9. Generate a compliant notice below.
An Indiana 10-Day Notice to Pay Rent or Quit is the statutorily-required written notice a landlord must serve before filing a possession action (eviction) for nonpayment of rent. It is governed by Ind. Code § 32-31-1-6, with statutory notice forms at § 32-31-1-7 and the service rules at § 32-31-1-9. Indiana’s statute builds in a strong cure right: if the tenant pays the full amount within the 10 days, the notice is void and the rental agreement continues. The form below produces a compliant notice; our Indiana eviction notice laws guide covers the full process, and the tenant screening laws by state hub helps you place reliable tenants in the first place.
Key Takeaways
- Indiana requires a 10-day notice to pay rent or quit under Ind. Code § 32-31-1-6 before a landlord can file an eviction for nonpayment — and the 10 days are counted as calendar days from the day after service.
- Pay-to-stay is built in: if the tenant pays the full amount due within the 10 days, the notice is void and the tenancy continues — a timely full payment cures the default.
- Service follows Ind. Code § 32-31-1-9: personal delivery to the tenant; if not found, delivery to an adult at the premises with the contents explained; if no one is found, posting on a conspicuous part of the premises.
- Indiana has no statutory grace period for rent, so the notice may be served the day after rent is due unless the lease grants a grace period.
- Wait the full 10 days, then file a possession action in the county where the property sits — small claims when the rent claimed is within the limit, otherwise the county trial court.
Indiana 10-Day Pay-or-Quit at a Glance
Statute
Ind. Code § 32-31-1-6
Notice period
10 calendar days
Pay-to-stay
Full payment voids notice
Service
§ 32-31-1-9 (three tiers)
10 days
calendar days to pay in full or vacate under § 32-31-1-6
$0
statutory grace period Indiana requires for residential rent
3
tiers of service under Ind. Code § 32-31-1-9
Why the details matter
Indiana courts expect a nonpayment eviction to rest on a clean notice: the right amount, at least 10 days to cure, the pay-to-stay statement, and provable service. Understating the deadline, refusing a timely full payment, or serving in a way you cannot prove each weakens or defeats the case. The form on this page handles the mechanics; the guide below walks through the statute, computing what is owed, the pay-to-stay cure right, service, the court process, a worked example, and the mistakes that sink cases.
What This Notice Does
The 10-Day Notice to Pay Rent or Quit is the statutorily-required written notice an Indiana landlord must serve on a tenant who has failed to pay rent when due. It is the procedural prerequisite to filing a possession action under Ind. Code § 32-31-1-6. Without a properly-drafted, properly-served 10-day notice, an Indiana court will not entertain an eviction lawsuit for nonpayment of rent.
The notice does three things in one document. First, it demands the past-due rent. The amount should reflect the rent actually owed through the notice date. Indiana leases sometimes define specific charges as additional rent; those may be folded in only where the lease clearly makes them rent. Keeping late fees and other non-rent charges separate keeps the pay-to-stay figure — the amount the tenant must pay to cure — unmistakable, which protects the notice if the tenant later argues a timely payment cured the default.
Second, it gives the tenant a 10-day cure period. The tenant has not less than 10 days (counted as calendar days from the day after service) to either pay the full amount demanded or vacate the property. Ind. Code § 32-31-1-6 makes this a genuine pay-to-stay right: if the tenant pays the full amount of rent due within the 10-day period, the notice is void and the rental agreement continues. The landlord may not proceed with the eviction on that notice once a timely full payment is made.
Third, it states the consequence of nonpayment. The notice tells the tenant that failure to pay the full amount or surrender possession by the deadline will result in the landlord filing a possession action to recover the premises and any rent owed. A notice that states the amount, the deadline, the pay-to-stay effect, and the consequence gives an ordinary tenant everything needed to understand the choice in front of them — and gives the court a clean record to rely on.
Indiana Legal Framework
The 10-day pay-or-quit notice sits inside a compact statutory framework in Title 32, Article 31, Chapter 1 of the Indiana Code. The core statute is Ind. Code § 32-31-1-6, which provides that when a tenant refuses or neglects to pay rent when due, the landlord may terminate the lease on not less than 10 days’ notice — but if the tenant pays the rent due within that 10-day period, the notice is void and the rental agreement continues.
Statutory notice forms appear at Ind. Code § 32-31-1-7, which supplies notice-to-quit forms a landlord may use for failure or refusal to pay rent. Using a form is optional; what the law requires is that the notice give at least 10 days, state the amount and the pay-to-stay effect, and be properly served.
Service rules are at Ind. Code § 32-31-1-9, which sets a three-tier method: deliver the notice personally to the tenant; if the tenant cannot be found, deliver a copy to an adult residing at the premises and explain its contents to that person; and if no such person is found on the premises, post a copy on a conspicuous part of the premises. This is Indiana’s own service rule — it is not carried over from any other state, and it does not add a mail-service extension the way some states do.
No statutory grace period. Indiana law does not require a grace period before residential rent is considered late. Unless the lease grants a grace period, rent is late the day after it is due, and the landlord may serve the 10-day notice at that point. Where the lease provides a grace period, that lease term controls the earliest date the rent is legally late, so honor it before serving.
The possession action that follows is not part of Chapter 1’s notice rules but of Indiana’s court process. Indiana evictions for nonpayment are commonly filed in the small claims division of the county court when the rent claimed is within the small-claims limit, and in the county trial court for larger claims. One operational rule ties the framework together: the notice must be accurate and provable. A defective or unprovable notice does not just weaken the case — it sends the landlord back to the beginning while the tenant remains in possession.
The Pay-to-Stay Cure Right
The single feature that most defines Indiana’s 10-day notice is the statutory cure right written directly into Ind. Code § 32-31-1-6. The statute does not merely give the tenant 10 days to move; it gives the tenant 10 days to pay and stay. If the full amount of rent due is paid within the period, the notice is void by operation of the statute and the rental agreement continues as though the default had not occurred.
What “full amount” means. The cure is a full cure. A tenant who pays part of what is owed has not satisfied the statute, and the landlord is not required to accept a partial payment as a cure. This is why the amount stated on the notice matters so much: the tenant is entitled to cure by paying that amount, so an overstated demand can hand the tenant an argument that a smaller, correct payment actually cured the default. State the rent owed precisely.
Why the cure right disciplines the whole process. Because a timely full payment voids the notice, an Indiana landlord should treat the 10-day window as a real opportunity for the tenancy to survive, not a formality to wait out. Practically, that means being reachable to accept payment, being clear about where and how payment is made, and not filing until the window has closed without a full cure. Filing during the cure period, or refusing a full and timely payment, is the kind of error that gets a case dismissed and can expose the landlord to a wrongful-eviction claim.
Contrast with other states. Some states run their pay-or-quit clock in business days or add days when the notice is mailed; California’s 3-day notice, for instance, excludes weekends and adds five days for mail service. Indiana does neither. It counts plain calendar days and instead builds tenant protection into the substance of the rule — the pay-to-stay void. Do not import another state’s day-counting or mail-extension mechanics into an Indiana notice; the Indiana rule is calendar days plus the statutory cure.
Computing What Is Owed
The amount on the notice is the number the tenant must pay to cure, so getting it right is the most important substantive step. Build the figure from the lease and the ledger, not from memory.
Start with contract rent. Add the unpaid periodic rent through the notice date — the monthly rent for each period that is due and unpaid. If the tenant owes for more than one month, list each period and its amount so the total is transparent and the tenant can see exactly how the number was built.
Handle additional rent carefully. Many Indiana leases define certain recurring charges — for example, a fixed monthly utility or amenity charge — as additional rent. Where the lease clearly makes a charge part of rent, it can be included in the demand. Where the lease is silent or ambiguous, leave the charge out of the pay-to-stay amount and pursue it separately; folding a debatable charge into the demand risks a dispute over whether a correct payment cured the default.
Keep late fees separate. A late fee is generally a charge, not rent, unless the lease unambiguously converts it into additional rent. The safest practice is to state the rent owed as the pay-to-stay amount and, if you wish, note any late fee separately as an amount also owed — without making it part of the sum the tenant must pay to void the notice. That keeps the cure figure clean.
State the cure amount plainly
Whatever you include, make the pay-to-stay figure unmistakable on the notice: “To void this notice and continue your tenancy, pay $X in full by the deadline.” The generator below prints the total due and the period it covers so the tenant sees the exact amount and window. If late fees or other charges are also outstanding, state them separately from the cure amount.
Counting the 10-Day Period
The 10-day period under Ind. Code § 32-31-1-6 is counted in calendar days, not business days, and there is no mail-service extension. The count begins the day after service, and the tenant has through the end of the tenth day to pay in full or vacate.
The basic count. If the notice is personally delivered on a given day, day one is the next calendar day, and the deadline is the tenth calendar day after that. Weekends and holidays are counted like any other day. Because there is no add-on for mailing under the Indiana rule, the calculation is the same regardless of how the notice is delivered — personal delivery, delivery to an adult at the premises, or posting.
A practical cushion. Nothing prevents a landlord from giving more than 10 days; the statute sets a floor (“not less than 10 days”), not a ceiling. Giving a few extra days works only in the tenant’s favor and creates no defect, and it protects against any miscount. Many Indiana landlords write the deadline as a specific calendar date on the notice so there is no ambiguity about when the window closes — the generator on this page computes and prints that date from the service date you enter.
Weekend and holiday deadlines. Because Indiana counts calendar days, a deadline can fall on a weekend or holiday. That does not shorten the tenant’s time, but a landlord who is closed that day should be reachable to accept a timely payment or should build in a cushion so a Saturday deadline does not create a practical dispute about whether the tenant tried to pay in time. When in doubt, add a day or two rather than risk a fight over a technicality.
Build the Notice
Complete the form below to generate a compliant Indiana 10-Day Notice to Pay Rent or Quit. The form computes the 10-day deadline from your service date, states the amount due and the pay-to-stay effect, and records the service method under Ind. Code § 32-31-1-9.
Count the deadline before you serve
Enter the date you will serve the notice; the generator counts 10 calendar days from the day after service and prints the exact deadline date. Enter the rent owed and the period it covers so the pay-to-stay amount is clear. Indiana adds no mail extension, so the count is the same for every service method — but choose a method under § 32-31-1-9 that you can prove.
1. Notice and Service Date
2. Property and Tenant
3. Landlord / Agent
4. Past-Due Rent
5. Service Method (Ind. Code § 32-31-1-9)
6. Signature
Service Under Ind. Code § 32-31-1-9
Ind. Code § 32-31-1-9 sets a three-tier method for serving the notice, and the tiers are meant to be tried in order — you move to the next only when the prior one is not available. Unlike some states, Indiana does not add days when a copy is mailed; the 10-day count is the same for every method.
Personal delivery
PreferredHand the notice directly to the tenant. This is the cleanest method and the easiest to prove. Note the date, time, and place of delivery, and have a witness where possible. Complete a proof of service immediately after handing over the notice.
Adult at the premises
If tenant not foundIf the tenant cannot be found, deliver a copy to an adult who resides at the premises — and you must explain the contents of the notice to that person. Record the name and, if known, the relationship of the person who received it, and note that you explained the notice.
Conspicuous posting
Last resortIf no such person is found on the premises, post a copy on a conspicuous part of the premises — typically the main entry door. Date-stamped photographs of the posting are essential evidence. This tier is used only when the first two are not available.
Proof of service
Complete a proof of service documenting who served the notice, the date and time, the property address, the method used, and — where applicable — the name of the adult a copy was left with or the location of the posting. The person who served the notice should sign it. The original signed notice and the proof of service become exhibits if the possession action is filed, so keep them together in the property file.
Certified mail as a backstop
Indiana’s statute does not add days for mailing and does not make mail a stand-alone method for the pre-suit notice, but many landlords also send the notice by certified mail as a practical backstop when a tenant may be avoiding contact. Treat that as extra evidence of the attempt, not as a substitute for one of the three statutory tiers.
The Indiana Eviction Process for Nonpayment
The 10-day notice is the first step, not the eviction itself. If the tenant neither pays in full nor vacates by the deadline, the landlord moves to the court process to recover possession.
1. Confirm the 10 days expired with no full cure
Verify the tenant did not pay the full amount within the 10-day period and did not surrender the property. If a timely full payment was made, the notice is void under § 32-31-1-6 and the tenancy continues.
2. File a possession action in the right court
File in the county where the rental sits. Indiana nonpayment evictions are commonly filed in the small claims division when the rent claimed is within the small-claims limit; larger claims go to the county trial court.
3. The court schedules a hearing and issues a summons
The court sets a hearing date and issues a summons and complaint. The summons is served under the Indiana Trial Rules — this court service is separate from serving the 10-day notice, and it is handled through the court.
4. Present your case at the hearing
Bring the signed notice, the proof of service, the rent ledger, and the lease. The judge decides whether the rent was owed, whether the notice and service were proper, and whether the tenant cured in time.
5. Judgment and writ of possession
If the landlord prevails, the court enters a judgment for possession and issues a writ of possession. Only that writ, carried out by the sheriff, authorizes removal of the tenant.
6. The sheriff carries out the removal
The tenant is removed only by the sheriff acting under the writ. The landlord may never change the locks, remove belongings, or shut off utilities to force a tenant out.
No self-help eviction in Indiana
A 10-day notice, even after the deadline passes, does not let the landlord change locks, remove the tenant’s belongings, or cut utilities. Indiana requires a court order and a sheriff-executed writ to remove a tenant. Self-help eviction is illegal and exposes the landlord to damages. The notice starts the court process; it does not replace it.
Worked Example
Consider a straightforward Indianapolis nonpayment case to see how the pieces fit together.
The facts. A tenant’s full monthly rent was due June 1, 2026 and went unpaid. The lease grants no grace period. On June 2 the landlord confirms the rent is unpaid and prepares the 10-day notice, stating the unpaid June rent as the pay-to-stay amount.
Service and the count. The landlord personally hands the notice to the tenant on June 2, 2026. Day one of the 10-day period is June 3; counting 10 calendar days, the deadline falls on June 12, 2026. The notice states that if the tenant pays the full amount by June 12, the notice is void and the tenancy continues under Ind. Code § 32-31-1-6.
Two outcomes. If the tenant pays the full amount on or before June 12, the default is cured, the notice is void, and the tenancy continues; the landlord cannot proceed on that notice. If June 12 passes with no full payment and the tenant has not moved out, the landlord files a possession action on June 13 in Marion County — in small claims if the rent claimed is within the limit — and brings the signed notice, the proof of personal service, the rent ledger, and the lease to the hearing.
Why the cushion helps. Suppose the tenant tries to pay on the afternoon of June 12 but the office is closed. Because the landlord had listed reachable payment hours on the notice and was available to accept payment, there is no dispute that the tenant had a real chance to cure. Had the deadline landed on a weekend, adding a day or two of cushion would have removed any argument that the tenant was denied a fair opportunity to pay in time.
Common Mistakes That Weaken the Notice
- Overstating the amount owed. The stated amount is the pay-to-stay figure. Padding it with debatable charges or fees can hand the tenant an argument that a smaller, correct payment cured the default. State the rent owed precisely and keep non-rent charges separate.
- Giving fewer than 10 days. The statute requires not less than 10 calendar days. Understating the deadline — or miscounting from the wrong start day — produces a short notice that a court can reject.
- Refusing a timely full payment. Because a full payment within the 10 days voids the notice by statute, refusing it is not just bad practice — it can defeat the eviction and expose the landlord to a wrongful-eviction claim.
- Filing during the cure period. Filing the possession action before the 10 days expire is premature and gets the case dismissed. Wait until the day after the deadline with no full cure.
- Weak or unprovable service. Serving in a way you cannot prove, skipping the required explanation when leaving a copy with an adult, or failing to keep a dated proof of service can sink an otherwise valid notice. Follow the § 32-31-1-9 tiers and document them.
- Importing another state’s mechanics. Indiana counts calendar days and adds no mail extension. Do not apply another state’s business-day count or five-day mail add-on to an Indiana notice.
- Attempting self-help. Changing locks or removing belongings after the deadline is illegal in Indiana. Only a sheriff acting under a court writ may remove a tenant.
- Inconsistent party identification. Name all tenants on the lease, and identify the landlord or agent the same way on the notice, the ledger, and the court filing.
Tenant Rights and Remedies
Indiana tenants served with a 10-day pay-or-quit notice have meaningful rights, and understanding them shows landlords why precision matters.
Right to cure by paying in full. The clearest right is the statutory pay-to-stay cure: paying the full amount due within the 10 days voids the notice and continues the tenancy under Ind. Code § 32-31-1-6. The landlord cannot refuse a timely full payment and press ahead on that notice. Right to a correct demand. If the notice overstates what is owed, the tenant can contend that the correct, smaller amount was the true cure figure and that a timely payment of it satisfied the statute.
Right to a court process. A tenant cannot be removed without a court order. The tenant is entitled to notice of the possession hearing, a chance to appear and be heard, and removal only by the sheriff under a writ. Right to raise defenses. At the hearing the tenant may dispute whether rent was actually owed, whether the notice gave the full 10 days, whether service was proper, and whether a timely cure was made or refused.
Right to be free from self-help and retaliation. Indiana prohibits self-help eviction — lockouts, utility shutoffs, and removal of belongings — and a landlord who resorts to it can be liable for damages. Separately, the federal Fair Housing Act and Indiana law prohibit eviction decisions based on protected characteristics. A landlord who keeps the process lawful and documented avoids handing the tenant these defenses.
Indiana Statute Reference
| Statute / Authority | Subject | Key requirement |
|---|---|---|
| Ind. Code § 32-31-1-6 | Nonpayment; 10-day notice | Not less than 10 days to pay or quit; a timely full payment voids the notice and continues the tenancy |
| Ind. Code § 32-31-1-7 | Statutory notice-to-quit forms | Provides notice-to-quit forms a landlord may use for failure to pay rent |
| Ind. Code § 32-31-1-9 | Service of notices | Personal delivery; if not found, an adult at the premises with contents explained; if none found, conspicuous posting |
| Ind. Code § 32-31-1-8 | When notice to quit is not necessary | Waste by a tenant at will (an incurable ground) is handled separately, not by this pay-or-quit notice |
| Indiana Trial Rules | Service of the court summons | Govern how the summons is served once the possession action is filed — separate from serving the 10-day notice |
| Small claims / county trial court | Possession action venue | Nonpayment evictions filed in the county where the rental sits; small claims when the rent claimed is within the limit |
Local court rules and lease terms can add requirements, and statutes change. Confirm the current text in the Indiana Code at iga.in.gov or with an Indiana landlord-tenant attorney before relying on this notice in a contested matter, and see our Indiana eviction notice laws guide for the full process.
Bottom line
A clean Indiana 10-day pay-or-quit is exact: state the rent owed as a clear pay-to-stay amount, give not less than 10 calendar days counted from the day after service, tell the tenant that paying in full voids the notice and continues the tenancy under § 32-31-1-6, serve by a § 32-31-1-9 method you can prove, never refuse a timely full payment, and file for possession the day after the deadline — not before.
Frequently Asked Questions
How much notice does an Indiana landlord have to give before evicting for nonpayment?
Ind. Code § 32-31-1-6 requires not less than 10 days’ written notice to pay rent or quit before a landlord can file a possession action for nonpayment. The 10 days are counted as calendar days beginning the day after service. Indiana has no statutory grace period, so the notice may be served the day after rent is due.
What happens if the tenant pays within the 10 days?
Under Ind. Code § 32-31-1-6, if the tenant pays the full amount of rent due within the 10-day period, the notice is void and the rental agreement continues. This is the pay-to-stay effect: a timely full payment cures the default and the landlord may not proceed with the eviction based on that notice.
Can I include late fees in the amount demanded?
Demand past-due rent. Some Indiana leases define specific charges as additional rent; those may be included only if the lease clearly makes them rent. Keep late fees and non-rent charges separate so the pay-to-stay amount the tenant must pay to cure is unmistakable. An overstated or padded demand invites a dispute over whether a timely payment cured the default.
How is the Indiana 10-day notice served?
Ind. Code § 32-31-1-9 sets a three-tier method: deliver the notice personally to the tenant; if the tenant cannot be found, deliver a copy to an adult who resides at the premises and explain its contents to that person; and if no such person is found on the premises, post a copy on a conspicuous part of the premises. Keep dated proof of whichever method you used.
Is there a grace period before I can serve the notice?
No. Indiana does not require a statutory grace period for residential rent. Unless the lease grants one, the landlord may serve the 10-day notice the day after rent is due and unpaid. If the lease provides a grace period, honor it before serving, because the lease term controls the earliest the rent is legally late.
What if I accept partial payment after serving the notice?
Accepting partial rent can muddy whether the default was cured and may be treated as reinstating the tenancy for the amount received. If you accept a partial payment, document in writing that it is a partial payment, that it does not waive the notice, and that the balance remains due by the deadline. The cleaner course is to require full payment within the 10 days.
Where do I file the eviction after the notice expires?
After the 10 days expire without full payment or surrender, file a possession action in the county where the rental sits. Indiana evictions are commonly filed in the small claims division when the rent claimed is within the small-claims limit; larger claims go to the county trial court. The court sets a hearing, the summons is served under the Indiana Trial Rules, and only a court-ordered writ carried out by the sheriff removes the tenant.
Can the tenant pay after the 10 days but before I file?
The statutory cure right runs during the 10-day period. A landlord may still choose to accept full payment after the period and before filing, which resolves the matter, but is not obligated to once the period has lapsed. Once a possession action is filed, whether a late payment resolves the case is up to the parties and the court.
Do I have to use a specific statutory form?
Ind. Code § 32-31-1-7 supplies notice-to-quit forms a landlord may use, but the key is that the notice clearly states the amount due, gives at least 10 days to pay or quit, states the pay-to-stay effect, and is properly served under Ind. Code § 32-31-1-9. The form on this page produces a notice that carries those elements.
Screen Indiana tenants thoroughly before move-in
The cleanest way to avoid a nonpayment eviction is to place a reliable tenant from the start. Tenant Screening Background Check has been verifying renters since 2004 — credit, eviction filings, criminal background, and employment — across all 50 states and DC.
Related Indiana Guides & Forms
Published by Tenant Screening Background Check
Established 2004 · 20+ Years · All U.S. States & Territories · Statute-Based · Attorney-Reviewed
A Private Eye Reports™ service trusted by landlords, property managers, and attorneys.

