Indiana Lease Termination Letter

Introduction

Key Things to Know

1. 1

   For a periodic tenancy of not more than 3 months, notice to the tenant equal to the interval between rental periods ends the tenancy: one month for month-to-month, one week for week-to-week (IC 32-31-1-4). A general tenancy occupied with the landlord's consent is month to month (32-31-1-2).

2. 2

   These Indiana notice sections are framed as notice given to the tenant. A tenant ending a periodic tenancy should give written notice that meets the lease's notice clause and names a clear termination date.

3. 3

   A tenancy at will ends on one month's written notice delivered to the tenant (32-31-1-1). A year-to-year tenancy ends on notice given to the tenant not less than 3 months before the year expires (32-31-1-3), and IC 32-31-1-5 sets out a statutory form for that landlord notice.

4. 4

   No notice is required to end a lease when the landlord agreed to rent for a specified period or the contract specifies when the tenancy ends (32-31-1-8). Read the lease's renewal clause before the term ends.

5. 5

   A landlord may not terminate or refuse to renew a lease solely because the tenant or a household member is a protected individual, a victim with a protective or no-contact order (32-31-9-8). The state preempts local regulation of lease terms and the rights of the parties unless the General Assembly authorizes it (32-31-1-20(c)).

6. 6

   A protected individual may end the lease with written notice at least 30 days before the stated termination date, plus a copy of the protective or no-contact order and, for domestic violence or sexual assault victims, a safety plan dated within 30 days recommending relocation. Rent is prorated to the effective date and the statute bars early-termination fees (32-31-9-12).

7. 7

   Landlord notices under 32-31-1-1 to -7 are served on the tenant; if the tenant cannot be found, on a person residing at the premises, with the contents explained; if no one is found, by affixing a copy in a conspicuous place (32-31-1-9). The deposit itemization is due within 45 days after termination and delivery of possession, once the tenant gives a mailing address in writing (32-31-3-12).

Indiana Requirements for Lease Termination Letter

• Notice equal to the rental interval

  Notice to the tenant equal to the interval between rental periods ends a periodic tenancy of not more than 3 months (IC 32-31-1-4).

• Tenancy at will and year-to-year notice

  A tenancy at will ends on one month's written notice to the tenant (32-31-1-1). A year-to-year tenancy ends on notice not less than 3 months before the year expires (32-31-1-3); IC 32-31-1-5 sets a statutory form for it.

• Fixed term ends without notice

  No notice is required when the landlord agreed to rent for a specified period or the contract specifies when the tenancy ends (IC 32-31-1-8).

• Protected individual termination

  Written notice at least 30 days before the termination date, with a protective or no-contact order and, for domestic violence or sexual assault, a safety plan dated within 30 days. Rent is prorated; early-termination fees are barred (IC 32-31-9-12).

• Service of the landlord's notice

  Serve the tenant; if not found, a person residing at the premises, with the contents explained; if no one is found, affix a copy to a conspicuous part of the premises (IC 32-31-1-9).

• Tenant's notice: check the lease

  Before ending a periodic tenancy, a tenant should check the lease's notice clause, then give written notice that names a clear termination date.

• Mailing address for the deposit

  Give a mailing address in writing. The itemized deposit notice is due within 45 days after termination and delivery of possession (IC 32-31-3-12).

• Parties, premises and signature

  Identify the tenant, the landlord, the premises address and the lease date, state the termination date, and sign and date the letter. Keep a copy with proof of delivery.