An Indiana month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.
Note: For fixed term leases in Indiana (i.e., 1-year), click here.
How do Indiana Month-to-Month Lease Agreements Work?
A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.
Once the lease is active, both parties are given full rights under Indiana landlord tenant law. This includes the landlord’s responsibility to provide a living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.
How Much Notice is Needed to End the Lease?
In Indiana, a landlord may terminate a month-to-month lease agreement by giving at least 1 month’s notice.
Notice must be provided in written form.
How Much Notice is Needed to Raise the Rent?
When seeking to raise rent on a month-to-month tenant, the landlord should provide a 30-Day Notice. IC § 32-31-5-4
Notice must also be provided in written form.
Are There Notice Delivery Requirements?
In Indiana there are notice delivery requirements. Notice shall be given to the tenant in person, if they cannot be found then notice may be served to the person residing at the property. If that method does not work, then the landlord may affix a copy of the notice to a conspicuous part of the premises. IC 32-31-1-9
How are Month-to-Month Tenants Evicted in Indiana?
After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.
If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in Indiana. The process for eviction can be completed in 3 weeks to 4 months but can take longer depending on the circumstances.
For more information on the eviction process in Indiana, click here.