General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- A service member who enters active duty or receives qualifying orders can end a residential lease early with written notice and a copy of the orders.
- A protected survivor of domestic violence and certain other crimes can end the lease with at least 30 days of written notice that includes a copy of a protective order or criminal no contact order.
- Either side can end a month to month tenancy with notice equal to one rental period, which is one month.
- Indiana courts generally require a landlord to make reasonable efforts to re-rent a unit a tenant has abandoned before charging rent for the rest of the term.
Indiana tenants who leave early may owe rent for the rest of the term, though Indiana courts expect landlords to make reasonable efforts to re-rent. Protected survivors of domestic violence and service members can end a lease early.
Indiana breaking a lease at a glance
| Rule | Indiana | Law |
|---|---|---|
| Military service | A service member who enters active duty or receives qualifying orders can end a residential lease early with written notice and a copy of the orders. | Servicemembers Civil Relief Act (50 U.S.C. 3955) |
| Domestic violence survivors | A protected survivor of domestic violence and certain other crimes can end the lease with at least 30 days of written notice that includes a copy of a protective order or criminal no contact order. | IC 32-31-9-12 |
| Landlord duty to re-rent | Indiana courts generally require a landlord to make reasonable efforts to re-rent a unit a tenant has abandoned before charging rent for the rest of the term. | Indiana case law (Nylen v. Park Doral Apartments, 1989) |
| Month-to-month notice | Either side can end a month to month tenancy with notice equal to one rental period, which is one month. | IC 32-31-1-4 |
Reasons that allow an early exit
A few situations let a tenant end a lease early with written notice and no penalty beyond what the law allows.
Military service. A service member who enters active duty or receives qualifying orders can end a residential lease early with written notice and a copy of the orders. (Servicemembers Civil Relief Act (50 U.S.C. 3955))
Domestic violence survivors. A protected survivor of domestic violence and certain other crimes can end the lease with at least 30 days of written notice that includes a copy of a protective order or criminal no contact order. (IC 32-31-9-12)
Unlivable conditions
We could not confirm a statewide rule here. Check your county court or a local attorney.
What the tenant may still owe
Outside those situations, a tenant who leaves early is usually responsible for rent until the lease ends or the unit is re-rented, whichever comes first.
Landlord duty to re-rent. Indiana courts generally require a landlord to make reasonable efforts to re-rent a unit a tenant has abandoned before charging rent for the rest of the term. (Indiana case law (Nylen v. Park Doral Apartments, 1989))
Month-to-month tenancies
Month-to-month notice. Either side can end a month to month tenancy with notice equal to one rental period, which is one month. (IC 32-31-1-4)
Mistakes to avoid
- Billing the tenant for every remaining month without trying to re-rent the unit.
- Ignoring a protected early termination notice because it is inconvenient.
- Agreeing to an early exit by phone without a written agreement.
- Keeping more of the deposit than the lawful deductions.
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General information, not legal advice.
Verify current law
We last checked these Indiana rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Indiana attorney about your situation.
Laws named on this page
- Servicemembers Civil Relief Act (50 U.S.C. 3955)
- IC 32-31-9-12
- Indiana case law (Nylen v. Park Doral Apartments, 1989)
- IC 32-31-1-4
Official sources
Indiana forms for this topic
Letters and checklists for this topic
Where landlords trip up.
Can a service member break a lease in Indiana?
A service member who enters active duty or receives qualifying orders can end a residential lease early with written notice and a copy of the orders. Source: Servicemembers Civil Relief Act (50 U.S.C. 3955).
Can a survivor of abuse end a lease early in Indiana?
A protected survivor of domestic violence and certain other crimes can end the lease with at least 30 days of written notice that includes a copy of a protective order or criminal no contact order. Source: IC 32-31-9-12.
Does a Indiana landlord have to re-rent the unit?
Indiana courts generally require a landlord to make reasonable efforts to re-rent a unit a tenant has abandoned before charging rent for the rest of the term. Source: Indiana case law (Nylen v. Park Doral Apartments, 1989).
How much notice ends a month-to-month tenancy in Indiana?
Either side can end a month to month tenancy with notice equal to one rental period, which is one month. Source: IC 32-31-1-4.