Free Indiana Lease Termination Letter Template

An Indiana lease termination letter ends a tenancy under Indiana Code Chapter 32-31-1. How much notice you owe depends on the kind of tenancy, and the chapter measures two of them in months. It also supplies an optional form for one situation.

Classify the tenancy first, because four separate sections divide the ground between them.

Tenancy at Will

Section 32-31-1-1 lets a one month notice in writing determine a tenancy at will. These figures can be amended, so check the current chapter before relying on them.

Month-to-Month by Default

Section 32-31-1-2 fills a common gap. A general tenancy where the tenant occupies the premises by the landlord’s express or constructive consent counts as a tenancy from month to month.

Year-to-Year Tenancies

Section 32-31-1-3 asks for considerably more warning. Notice reaching the tenant not less than three months before the expiration of the year determines a tenancy from year to year.

Short Periodic Tenancies

Section 32-31-1-4 covers a tenancy of not more than three months which, by express or implied agreement, extends from one period to another. There, notice equal to the interval between the periods is sufficient.

When No Notice Is Needed

Section 32-31-1-8 removes the requirement in two situations: where the landlord agrees to rent the premises to the tenant for a specified period of time, and where the contract specifies the time for the determination of the tenancy.

The landlord has 45 days, but that clock carries a condition. Section 32-31-3-12(a) requires the landlord to deliver a written notice itemizing damages and the amount due not more than 45 days after termination of the rental agreement and delivery of possession.

Then comes the condition worth knowing. The same subsection provides that the landlord is not liable under the chapter until the tenant supplies the landlord, in writing, with a mailing address for that notice. Under subsection (b), a landlord who fails to comply owes the tenant all of the security deposit due plus reasonable attorney’s fees.

An Indiana lease termination letter starts with classifying the tenancy correctly.

1. Identify it as at will, month-to-month, year-to-year, or a shorter periodic term.
2. Apply one month, three months, or an interval equal to the rental period.
3. Check Section 32-31-1-8 in case no notice is required at all.
4. Put the notice in writing, deliver it, and keep a record.
5. Include a written mailing address for the deposit notice.

Section 32-31-1-5 supplies an optional form for one case. The form suits a tenancy from year to year, and it runs to a date, the tenant’s name, a direction to vacate at the expiration of the current year of tenancy, a description of the property, and the landlord’s name. For any other tenancy, cover the same ground yourself.

• The date of the notice
• The tenant’s name
• A description of the property
• The date the tenancy ends
• A written mailing address for the deposit notice
• The name of the party giving notice

Delivery has its own section. Because Section 32-31-1-9 governs service of notices under the chapter, read it before choosing how to send your Indiana lease termination letter.