Breaking a lease in Indiana

A lease for a set period ends at its end without notice, and Indiana gives tenants no general right to end it early. A tenant may end the lease by written notice given at least 30 days before the termination date if they are a victim or alleged victim of a crime involving domestic or family violence, a sex offense or stalking, and have a civil protection order or a criminal no contact order restraining the perpetrator.

Ind. Code § 32-31-1-8 Ind. Code § 32-31-9-12

• The notice must include a copy of the order and, for a victim of domestic violence or sexual assault, a safety plan from an accredited domestic violence or sexual assault program that is dated within 30 days before the notice and recommends relocation. Ind. Code § 32-31-9-12(c)
• The tenant owes rent and other expenses prorated to the termination date, payable when rent would have been due, and no rent or fee owed only because of the early termination. Notice given at least 14 days before the tenant could first move in ends the lease with no damages or penalties. Ind. Code § 32-31-9-12(d)
• Other adult tenants stay bound by the lease. Ind. Code § 32-31-9-13
• Outside the protected-individual rule, a security deposit may be applied to rent due because a tenant ended the lease early. A protected individual who ends the lease under the domestic violence law owes no rent or fee that is due only because of the early termination, and gets deposits and refunds as if the lease had expired. Ind. Code § 32-31-3-13(2) Ind. Code § 32-31-9-12(d), (e)
• Under federal law, a servicemember may end a residential lease after entering military service, or after receiving permanent change of station or deployment orders for 90 days or more, by written notice with a copy of the orders. 50 U.S.C. § 3955
• If both sides agree to an early release, put the arrangement in writing before relying on it. Identify the tenants being released, the agreed end date, key return, any rent or settlement amount and how the deposit will be accounted for. State whether a replacement tenant or approved sublet changes the original tenant's obligations; do not assume that finding someone new releases everyone named on the lease. Keep the signed agreement, move-out condition record, final ledger and receipts together. This practical agreement checklist does not replace the separate statutory protections above. Ind. Code § 32-31-1-8 Ind. Code § 32-31-9-12

A month-to-month tenancy ends with one month's written notice. For any period-to-period tenancy with a rental period of three months or less, notice equal to the rental period is enough. A year-to-year tenancy ends with notice given at least three months before the end of the year.

Ind. Code § 32-31-1-1 Ind. Code § 32-31-1-4 Ind. Code § 32-31-1-3

• A tenancy where someone occupies the premises with your express or implied consent, without other terms, is a month-to-month tenancy. Ind. Code § 32-31-1-2
• A tenancy at will can only be created by an express contract. Ind. Code § 32-31-1-1(b)
• Serve the notice on the tenant. If the tenant cannot be found, serve a person residing at the premises and explain its contents. Only if no such person is found may you post it on a conspicuous part of the premises. Ind. Code § 32-31-1-9(a) to (c)
• A lease for a set period ends at its end without notice. Ind. Code § 32-31-1-8(1), (2) See Ending a fixed-term lease early on the Indiana page