Grace period, late fee cap, and pay-or-quit notice rules
Before you can file to evict an Indiana tenant for unpaid rent, you must first terminate the tenancy with a written notice. Under IC 32-31-1-6, a landlord may end the lease for nonpayment with not less than ten (10) days notice, giving the tenant a window to either pay in full or move out. Indiana keeps this notice short and the rules lean, but two things trip landlords up: the tenant's absolute right to cure by paying, and the fact that the statute does not spell out a delivery method the way some states do. Get the notice period, the wording, and proof of delivery right, and your eviction filing stands on solid ground.
Indiana has no statutory grace period. Rent is late the day after it is due under the lease, unless your written agreement grants the tenant extra days. Once rent is unpaid, IC 32-31-1-6 lets you terminate the tenancy with not less than ten (10) days notice.
Count the ten days as calendar days running from when the tenant receives the notice, not from when you drafted or mailed it. Because the statute sets a floor ("not less than"), you can always give more time, and your lease may already require a longer notice. The statute expressly allows this: the ten-day rule applies unless the parties otherwise agreed. If your lease says fifteen days, honor the fifteen.
The notice must be in writing, identify the property, demand the past-due rent, and give the tenant the choice to pay within the notice period or vacate. Indiana publishes a safe-harbor form in IC 32-31-1-7 that landlords can use verbatim:
"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)."
Add the tenant's name, the address, the amount of rent owed, and the date. Sign and date the notice. Using the statutory language removes any argument that the notice was defective, which is the most common way a nonpayment eviction gets dismissed.
The ten-day notice is a pay-or-quit demand, not a straight termination. Under IC 32-31-1-6, if the tenant pays the rent in full before the notice period expires, the notice is void and the tenancy continues. You cannot file to evict on that notice once full payment lands inside the window.
Payment means the full amount demanded. A partial payment does not cure the default, and you are not required to accept it. If you do choose to accept partial rent, do so carefully and in writing, because accepting money can be argued to reinstate the tenancy or waive the notice. When the ten days pass with no full payment, the cure right ends and you may proceed to court.
Unlike some states, IC 32-31-1-6 and IC 32-31-1-7 do not prescribe a specific service method for the late-rent notice. Follow the delivery terms in your lease, and use a method that gives you provable receipt, since the ten days run from the tenant's receipt. Practical options include personal hand delivery to the tenant, and posting on the door combined with mailing a copy.
Whatever route you use, document it: keep a copy of the notice, note the date and method of delivery, and retain any tracking or a witness. If the tenant later disputes when the clock started, your proof of delivery decides the case. Do not rely on email or text unless the lease authorizes electronic notice.
If the tenant neither pays in full nor vacates within the ten days, the tenancy is terminated and you may file an eviction (possession) action in the county small claims or superior court. Bring the notice, proof of delivery, the lease, and a rent ledger.
Do not take matters into your own hands. IC 32-31-5-6 prohibits self-help eviction: you cannot change the locks, remove belongings, or shut off utilities to force a tenant out. Only the court can order possession.
One federal overlay still applies. For properties covered by the CARES Act (federally backed mortgages or federal housing and subsidy programs), a 30-day notice to vacate is required for nonpayment, which overrides Indiana's ten-day minimum for those units. Confirm your property's status before relying on the shorter state notice.
Once rent is late and no grace period applies, the landlord must serve a formal 10-day pay-or-quit notice (Ind. Code § 32-31-1-6) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in Indiana court.
This page summarizes Indiana's nonpayment notice requirements under IC 32-31-1-6 and IC 32-31-1-7, with the self-help prohibition in IC 32-31-5-6 and the federal CARES Act 30-day overlay noted for covered properties. It is general information for landlords, not legal advice; statutes and local court practice change, so confirm current requirements and consult an Indiana attorney before filing.
At least ten (10) days. Under IC 32-31-1-6, a landlord may terminate the tenancy for nonpayment with not less than ten days notice. Your lease can require more, but not fewer, days.
Yes. If the tenant pays the rent in full before the ten-day period expires, the notice is void and the tenancy continues under IC 32-31-1-6. Partial payment does not cure the default, and you are not required to accept it.
IC 32-31-1-7 provides a statutory form landlords may use: it notifies the tenant to vacate within ten days after receiving the notice unless they pay the rent due within ten days. Using that exact language avoids defective-notice arguments.
No. Indiana law does not mandate a grace period. Rent is late the day after it is due under the lease unless your written agreement grants the tenant additional days.
The statute does not prescribe a specific method, so follow your lease and use a provable method such as personal delivery or posting plus mailing. Because the ten days run from the tenant's receipt, keep proof of the date and method of delivery.
No. IC 32-31-5-6 prohibits self-help eviction, including lockouts and utility shutoffs. After the notice period lapses without payment, you must file an eviction action and let the court order possession.
Data sourced from Indiana published statutes (Ind. Code § 32-31-1-6), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated August 17, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.
