For nonpayment of rent, IC 32-31-1-6 lets a landlord terminate the lease with 'not less than ten (10) days notice,' and no eviction follows if the tenant pays in full before the period expires. Other terminations use separate notice, and IC 32-31-1-8 requires none in several situations. Only a court orders an actual eviction.
IC 32-31-1-6 provides: 'If a tenant refuses or neglects to pay rent when due, a landlord may terminate the lease with not less than ten (10) days notice to the tenant unless: (1) the parties otherwise agreed; or (2) the tenant pays the rent in full before the notice period expires.' IC 32-31-1-7 gives a sample 10-day pay-or-quit form. Termination for reasons other than nonpayment runs through the one-month notice of IC 32-31-1-1. Under IC 32-31-1-8, no notice is required where the lease fixes a term, the tenant is at sufferance, a tenant at will commits waste, or advance rent is unpaid. Indiana requires a court eviction action; self-help lockouts or utility shutoffs are barred (IC 32-31-5-6).
No specific statutory penalty in the notice statute. A landlord who files without the required 10-day nonpayment notice (or proper notice for other grounds) risks dismissal of the eviction. A self-help lockout or essential-services shutoff under IC 32-31-5-6 exposes the landlord to the tenant's civil claim for damages.
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