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Read further to learn more about the residential lease termination process in Indiana and how many days’ notice are required in which situations.
What is a Lease Termination Notice?
When a resident in the state of Indiana receives a lease termination notice, it will be from a landlord who wishes to end a month-to-month lease agreement between the two parties. A tenant can also send this type of notice to the landlord if they have the intention of vacating the premises when the lease term expires. Typically, both of the parties are required to provide the other with a 30-day notice, and if enough notice is not provided, the tenant may be permitted to remain in the rental for an additional month.
These residential lease termination notices are much more convenient than seeking out the court’s permission to send a Notice to Quit, and typically, they are an easy way to end a month-to-month tenancy. It’s important to note that Indiana state law establishes that a full month must be given for both the lessee and the lessor before the terms of the lease termination are deemed legal by the courts.
Writing an Indiana Residential Lease Termination Notice
When writing a lease termination notice for a tenant or landlord, It’s absolutely critical that the information contained covers all potential aspects of Indiana state law. Fortunately, much of the required information will be available in the original lease. Before writing, make sure that the original date of the rental is included somewhere at the beginning of the document. Some other sections that must be included are:
Both Parties’ Information
The first section that will need to be included is information about any and all of the involved parties in the lease agreement. This means that the full name of both the lessee and the lessor will need to be included, and they should appear as they appeared in the original lease document. If there are additional roommates dwelling in the unit, this is a section of the termination notice that should include their names as well. When tendering this document to a landlord, if there is a management company, the name of this company can also be included as well as the address.
Information about the Property
Since this document is primarily designed to cover tenancy in a rental unit, it’s imperative that information about the property be included in the termination notice. This means that identifying info will need to be included, which means the street address, unit number, any side streets, county, and zip code of the property in question. If the property has furnished items within the unit, the document should also include information about these items so that the lessee understands that they are not to be removed from the unit when they vacate the premises.
Information about the Lease
In addition to the property info, the information about the original lease will need to be included as well. This should entail the date of the original lease, the terms of that lease, and the nature of the lease, which will usually be month-to-month with this kind of termination notice. In Indiana, the notice has a mandatory waiting period of 30 days, and once this time has expired, it’s possible for the tenant to ask for more time. Still, if this isn’t allowed by the landlord, the tenant will have to vacate the premises so that the landlord can elicit repairs on the property to prepare for the next tenant.
To close out the document, there should be several spaces for all of the parties to sign. The individual sending the residential lease termination notice will first sign and print his or her name before sending out the document. This section will also need to be dated as well. There should also be extra spaces for the recipient to do the same.
To make sure that the proper information is presented in the document, some of the additional information that may help to write it includes:
- The original lease document: All of the information that is needed for this document is going to be found in the original lease, so make sure that you have it on hand when it is being written. This can help to ensure that the termination date is correct, the names of the tenants are spelled properly, and the address is properly printed on the document. If anything is incorrect in this form, the termination process can be delayed.
- The tenant’s new address: When the person who is renting the property is moving out, they are going to want to leave behind their forwarding address so that the landlord can send them their security deposit if there is no damage done after they vacate the premises. The landlord has 45 days to return the unused security deposit money back to the tenant, so to make this process easier on them, it is best to leave a forwarding address. Before the tenant completely vacates the property, it is a good idea for the landlord and the tenant to walk through the space to see if there is any damage that will need to be repaired and allocate how the money will be used or sent to the tenant.
- Information for tenants that need extra time: Sometimes, the state-prescribed notice of 30 days isn’t quite enough to get everything in order. If this is the case, an owner may provide the renter with an extended grace period that may extend into the next month. If this grace period is provided, it’s critical for the renter to understand that this may make them subject to another month’s rent at the property.
When the termination notice is being sent to either party, the notice can be hand delivered so that the person who it is address to receives it in person. The notice can also be delivered to the tenant’s door and left with a responsible resident of the household. If this is the case, then the notice should also be sent to the tenant via certified mail so that the landlord can make sure that it is received.