An Indiana 90 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a year-to-year lease. The non-terminating party must receive notice at least ninety (90) calendar days before the date of termination.
When To Use an Indiana 90 Day Notice To Vacate
An Indiana 90 Day Notice To Vacate ends a year-to-year lease.
Some types of Indiana lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write an Indiana 90 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve an Indiana 90 Day Notice To Vacate
Indiana law isn’t specific about how a tenant must deliver a Notice To Vacate to a landlord, so tenants may use any reasonable method that effectively communicates the notice. Landlords may deliver notice using any of these methods, which are also the legal gold standard for tenant notice delivery:
- Hand delivery to the other party
- Only if hand delivery to the other party fails: Hand delivery to a person on the property who can accept the notice on behalf of the other party, PLUS explaining the contents of the notice to that person
- Only if all forms of hand delivery fail: Posting the notice to a conspicuous place at the property, such as the entry door
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 Ind. Code § 32-31-1-9
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(a) 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
