Indiana Notice to Terminate Tenancy (No Cause)

INDIANA NOTICE TO TERMINATE TENANCY (NO CAUSE)

TABLE OF CONTENTS

1. Caption / Header
2. Recitals — Tenancy and Rental Agreement
3. Selection of Applicable Statutory Notice Period
4. Notice of Termination
5. Move-Out Instructions
6. Holdover Consequences (Ind. Code § 32-31-1-3)
7. Security Deposit Procedures
8. Tenant Resources and Required Disclosures
9. Reservation of Rights
10. Signature Block
11. Proof of Service
12. Indiana Practice Notes
13. Sources and References

1. CAPTION / HEADER

TO: [TENANT FULL LEGAL NAME] and all other occupants

RENTAL PREMISES: [STREET ADDRESS, UNIT NUMBER, CITY, INDIANA, ZIP CODE] (the "Premises")

FROM: [LANDLORD / OWNER / AUTHORIZED AGENT NAME]

DATE OF NOTICE: [__/__/____]

RE: NOTICE OF TERMINATION OF TENANCY — Ind. Code § 32-31-1-1 / § 32-31-1-2

2. RECITALS — TENANCY AND RENTAL AGREEMENT

2.1. Tenancy. Tenant [TENANT NAME] is the tenant of the Premises pursuant to a [☐ written lease ☐ oral month-to-month ☐ holdover periodic tenancy after expiration of fixed term] rental agreement (the "Rental Agreement") with Landlord [LANDLORD NAME].

2.2. Tenancy Type. ☐ Tenancy at will / month-to-month (§ 32-31-1-1) — 30-day notice
☐ Tenancy from year to year (§ 32-31-1-2) — 3-month notice
☐ Week-to-week tenancy — 7-day notice (per lease / common law)
☐ Fixed-term lease expiring [__/__/____] — no notice statutorily required (§ 32-31-1-4), but courtesy notice issued.

2.3. Rental Period Ends On. The current rental period ends on the [____] day of each [☐ week ☐ month ☐ year].

2.4. Authority. The undersigned [☐ is the Landlord ☐ is the duly authorized agent / property manager / attorney for the Landlord] and is authorized to issue this notice.

3. SELECTION OF APPLICABLE STATUTORY NOTICE PERIOD

The applicable notice period for termination is determined under Indiana law as follows:

Notice period applied in this notice: [☐ 30 days ☐ 3 months ☐ 7 days ☐ Other: _____]

4. NOTICE OF TERMINATION

You are hereby NOTIFIED that, pursuant to Ind. Code § [32-31-1-1 / 32-31-1-2] and the Rental Agreement, your tenancy of the Premises is HEREBY TERMINATED effective at 11:59 p.m. on:

TERMINATION DATE: [__/__/____]

You are required to vacate and surrender peaceful possession of the Premises to the Landlord on or before the Termination Date, removing all persons and personal property and returning all keys, garage door openers, parking permits, and access devices.

No reason for termination is required to be stated by Indiana law for the periodic tenancy identified in Section 2.2; however, Landlord expressly disclaims any retaliatory or discriminatory motive for this notice.

5. MOVE-OUT INSTRUCTIONS

5.1. Surrender of Premises. On or before the Termination Date, Tenant shall:

(a) Remove all persons and personal property from the Premises;

(b) Clean the Premises to "broom-clean" condition or as required by the Rental Agreement;

(c) Repair any damage beyond ordinary wear and tear, or notify Landlord that damage exists;

(d) Return all keys, openers, fobs, mail keys, and access devices to [ADDRESS / DROP LOCATION];

(e) Provide a forwarding address in writing for return of any security deposit balance (Ind. Code § 32-31-3-12);

(f) Discontinue or transfer all utility accounts; and

(g) Schedule a move-out inspection with Landlord, which Landlord recommends but does not require.

5.2. Move-Out Inspection (Optional). Landlord proposes a joint move-out inspection on [__/__/____] at [____] [☐ a.m. ☐ p.m.].

6. HOLDOVER CONSEQUENCES (Ind. Code § 32-31-1-3)

If you fail to vacate by the Termination Date:

6.1. Holdover Liability. Pursuant to Ind. Code § 32-31-1-3, a tenant who holds over after the termination of a tenancy is liable to the landlord for liquidated damages "at a rate equal to twice the amount of the rent for the time the tenant holds over."

6.2. Eviction Action. Landlord intends to file a civil action for possession in the [☐ ____________ Township Small Claims Court ☐ Circuit / Superior Court small-claims docket ☐ Circuit / Superior Court (ejectment under § 32-30-2 or immediate possession under § 32-30-3)], seeking possession, double-rent damages, court costs, and attorney fees if authorized.

6.3. Self-Help Prohibited. Landlord will not engage in any "self-help" repossession, lockout, utility shutoff, or removal of Tenant's personal property. Recovery of possession will be solely by court process.

7. SECURITY DEPOSIT PROCEDURES

7.1. Forwarding Address. Tenant must provide Landlord, in writing, with a mailing address to which any security-deposit refund and itemization shall be sent. Failure to do so relieves Landlord of certain obligations under Ind. Code § 32-31-3-12(b).

7.2. 45-Day Itemization Required. Landlord will, within forty-five (45) days after termination of the rental agreement and delivery of possession, deliver to Tenant a written itemization of any deductions from the security deposit and shall return any remaining balance, all in accordance with Ind. Code §§ 32-31-3-12 and 32-31-3-14.

7.3. Permitted Deductions. Permitted deductions are limited to: (a) rent in arrears; (b) actual damages beyond ordinary wear and tear; (c) unpaid utility or sewer charges that are Tenant's obligation; and (d) other amounts Tenant owes under the Rental Agreement (Ind. Code § 32-31-3-13).

7.4. Failure to Itemize. Failure to provide written notice of damages within 45 days constitutes "agreement by the landlord that no damages are due," entitling Tenant to immediate refund of the full deposit (Ind. Code § 32-31-3-12(c)) plus reasonable attorney fees (Ind. Code § 32-31-3-12(d)).

8. TENANT RESOURCES AND REQUIRED DISCLOSURES

You may have the right to legal advice and representation.

• Indiana Legal Help — https://indianalegalhelp.org
• Indiana Legal Services, Inc. (ILS) — 1-800-869-0212
• Heartland Pro Bono Council (Marion County) — https://heartlandprobono.com
• Housing4Hoosiers — https://housing4hoosiers.org
• Indiana Civil Rights Commission — 1-800-628-2909
• HUD Fair Housing Hotline — 1-800-669-9777

Anti-Discrimination Notice. Under federal Fair Housing Act (42 U.S.C. § 3604) and Ind. Code § 22-9.5, this termination may not be motivated by your race, color, religion, sex, familial status, disability, national origin, or ancestry. In Marion County / Indianapolis, additional protections include sexual orientation, gender identity, and veteran/military status under local ordinance (Indianapolis-Marion County Code of Ordinances Title VIII, Chapter 581).

Anti-Retaliation Notice. Under Ind. Code § 32-31-8.5-5, a landlord may not terminate a tenancy in retaliation for protected tenant activity such as filing a code-enforcement complaint, demanding habitability compliance under § 32-31-8-5, joining a tenant organization, or testifying against the landlord. Although § 32-31-8.5-5(b)(1) expressly permits a landlord to "decline to renew a rental agreement at the conclusion of the term," that exception does not authorize a termination demonstrably motivated by protected activity.

Eviction Record Sealing. Under Ind. Code § 32-31-11-3, dismissal of any subsequent eviction action, judgment in your favor, or full satisfaction of a money judgment may entitle you to seal the eviction record from public view.

Domestic Violence / Stalking / Sexual-Assault Survivors. Under Ind. Code § 32-31-9, certain tenants who are victims of domestic violence, sexual assault, or stalking have rights to terminate the lease early without penalty, change locks, and protection against eviction based on the abuse. Contact a legal-aid provider if these rights may apply to you.

9. RESERVATION OF RIGHTS

9.1. No Waiver. Acceptance of rent for the rental period in which this notice is delivered, and for the rental period concluding on the Termination Date, does NOT waive this notice. Acceptance of any rent for periods AFTER the Termination Date may, in some circumstances, reinstate the tenancy or create a new periodic tenancy; Landlord expressly does not consent to any such reinstatement, and any such acceptance shall be deemed for use and occupancy only, without prejudice.

9.2. Cumulative Remedies. Remedies are cumulative and in addition to any other remedies at law or in equity.

10. SIGNATURE BLOCK

Dated this [____] day of [MONTH], [YEAR].

LANDLORD / AUTHORIZED AGENT:

Signature: [________________________________]

Printed Name: [________________________________]

Title / Capacity: ☐ Owner ☐ Property Manager ☐ Authorized Agent ☐ Attorney for Landlord

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

11. PROOF OF SERVICE

I, [________________________________], being competent to testify and having personal knowledge of the matters stated, declare under penalty of perjury under the laws of the State of Indiana (Ind. Code § 35-44.1-2-1) that on [__/__/____] at approximately [____] [☐ a.m. ☐ p.m.], I served the foregoing NOTICE OF TERMINATION OF TENANCY on the Tenant identified above, by the following method(s):

☐ Personal delivery to Tenant at the Premises.

☐ Personal delivery to [NAME, RELATIONSHIP], a person of suitable age and discretion residing at the Premises.

☐ Posting of a copy in a conspicuous place at the front door of the Premises after diligent effort to find Tenant.

☐ U.S. Certified Mail, Return Receipt Requested. Tracking #: [________________________________].

☐ U.S. First-Class Mail, addressed to Tenant at the Premises and any known forwarding address.

☐ Electronic delivery to [________________________________] (only if expressly authorized by the Rental Agreement).

Signature of Server: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

12. INDIANA PRACTICE NOTES

12.1. Choose the right notice period. The most common error is using a 30-day notice for a year-to-year tenancy, which under § 32-31-1-2 requires three months. When the tenancy type is unclear, default to the longer period.

12.2. End-of-rental-period rule. Indiana common law historically required notice to terminate at the end of a rental period (e.g., a 30-day notice given on the 10th terminates at the end of the NEXT full rental period, not 30 days from delivery). Best practice is to include both 30 days AND end-of-period.

12.3. No notice for fixed-term leases. A fixed-term lease ending on a stated date terminates on that date by its own terms (§ 32-31-1-4(1)). A courtesy non-renewal letter is recommended but not required.

12.4. Holdover after fixed term. Acceptance of rent after a fixed-term lease ends typically creates a month-to-month tenancy on the same terms, which then requires a 30-day notice to terminate.

12.5. Just-cause programs. LIHTC, project-based Section 8, public housing, USDA RD, and HUD elderly/disabled require "good cause" for non-renewal. The HUD Section 8 Housing Choice Voucher program has been moving toward good-cause requirements as of HUD's 2024 final rule; consult the PHA Administrative Plan.

12.6. Indianapolis-specific. Marion County evictions of voucher tenants must comply with Section 8 HAP-contract notice rules in addition to state law. The Indianapolis-Marion County Code of Ordinances does not generally impose just-cause for unsubsidized private-market rentals.

12.7. CARES Act 30-day floor. Continues to apply post-pandemic to "covered dwellings." Many Indiana courts now require pleading of CARES Act applicability or non-applicability in the eviction complaint.

12.8. Retaliation defense — the § 32-31-8.5-5(b)(1) "non-renewal" exception is narrow. A non-renewal that is provably motivated by protected activity remains actionable.

12.9. Discrimination defense. Build a contemporaneous file documenting the legitimate non-discriminatory reason for the non-renewal (e.g., owner-occupancy, sale, business plan), even though no reason need be stated in the notice. The file is your evidence in any subsequent FHA charge.

13. SOURCES AND REFERENCES

• Ind. Code § 32-31-1-1 — Tenancy at will; one-month written notice. https://iga.in.gov/laws/indiana-code/title-32
• Ind. Code § 32-31-1-2 — Tenancy from year to year; three-month notice.
• Ind. Code § 32-31-1-3 — Holdover; double rent.
• Ind. Code § 32-31-1-4 — Tenancies that do not require notice.
• Ind. Code § 32-31-1-5 — General provisions concerning notice.
• Ind. Code § 32-31-3-12, -13, -14 — Security deposits.
• Ind. Code § 32-31-8.5-4, -5 — Retaliatory acts by landlords.
• Ind. Code § 32-31-9 — Domestic violence / sexual assault / stalking survivor rights.
• Ind. Code § 32-31-11-3 — Eviction record sealing.
• Ind. Code § 22-9.5 — Indiana Fair Housing Act.
• 42 U.S.C. § 3604 — federal Fair Housing Act.
• 15 U.S.C. § 9058 — CARES Act 30-day notice; covered dwellings.
• 24 C.F.R. Parts 247, 880, 882, 966, 982 — federal subsidized-housing termination rules.
• Indianapolis-Marion County Code of Ordinances Title VIII, Chapter 581 — anti-discrimination protections.
• Indiana Rules of Trial Procedure, Rules 5–6.
• Indiana Small Claims Rules.

END OF NOTICE