An Indiana 90 Day Notice to Vacate is a lease termination letter written to end a year-to-year lease. The letter is provided by either party at least ninety (90) calendar days before the expiration of the lease.
When to Use an Indiana 90 Day Notice to Vacate
A landlord or a tenant may use an Indiana 90-Day Notice to Vacate to end a year-to-year lease in accordance with state law.
How to Write an Indiana 90 Day Notice to Vacate
For a lease termination notice to be legally compliant:
- State who the legal letter is addressed to (use full name of the receiving party).
- Include the termination date of the lease or tenancy.
- Fill in the full address of the rental premises.
- For tenants, provide your new address and an updated phone number.
- Sign the notice and print your name.
- For landlords, include contact information, such as address and phone number.
- Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.
Without this information on the lease termination notice, a judge may not be able to proceed with legal action.
How to Serve an Indiana 90 Day Notice to Vacate
A landlord or tenant can deliver lease termination notices in Indiana using any of the below acceptable methods:
- Handing the notice to the receiving party in person;
- Handing the notice to a person at the premises who can accept the legal letter on behalf of the other party;
- Mailing the notice by certified or registered mail with a return receipt.
When sending the notice by certified or registered mail, add three (3) calendar days to the notice period to account for variability in post office delivery times.
Sources
- 1 IN Code § 32-31-1-3
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A tenancy from year to year may be determined by a notice given to the tenant not less than three (3) months before the expiration of the year.
Source Link - 2 IN Code § 32-31-1-9
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Notice required under sections 1 through 7 of this chapter may be served on the tenant.
(b) If the tenant cannot be found, notice may be served on a person residing at the premises. The person serving the notice must explain the contents of the notice to the person being served.
(c) If a person described in subsection (b) is not found on the premises, notice may be served by affixing a copy of the notice to a conspicuous part of the premises.
Source Link - 3 Indiana Court Rules of Civil Procedure - Rule 6
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Additional time after service by United States mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by United States mail, three [3] days shall be added to the prescribed period.
Source Link