An Indiana sublease agreement allows a current tenant to rent out (or “sublease”) all or part of the rented property to a new tenant (“subtenant” or “sublessee”). Once a sublease agreement is signed, the subtenant is responsible for following the terms and conditions of both the sublease and the original lease.
However, when it comes to liability, the tenant on the original lease is still accountable. Even if the subtenant fails to pay rent or damages the property, it’s still the original tenant’s responsibility to fix the issue. It’s important for tenants to be familiar with the Indiana laws, rules, and regulations governing subleases before signing one, or it could lead to trouble in the future.
To save time and ensure everything is filled out correctly, we recommend using our free Indiana sublease agreement builder or reading our steps on how to write an Indiana sublease agreement below.
How to Write an Indiana Sublease Agreement
- Select the type of property you’re subletting – This will generally be a house, an apartment, or a condominium.
- List, by name, all current tenants – This section should include all tenants named in the original lease.
- List the mailing address where the original tenant would like to receive rent and notices – This may be the rental property’s address, or somewhere else that the original tenant prefers to pick up their mail
- List, by name, all subtenants – List anyone who will be subleasing and/or occupying the property.
- Attach a copy of the original lease, including the landlord’s name – Don’t use your original lease for this step, but make a copy and provide it to the subtenant.
- List the address of the subleased property – The sublease agreement should list the address of the subleased apartment or house.
- Clarify additional information about the subleased property – Inform the subtenant about what parts of the property are available for them to use, and what parts are private. For example, if you’re subletting a single room in your home and would like to limit the subtenant’s ability to enter rooms other than the kitchen or bathroom, your sublease agreement should clearly state this information.
- List the term of the sublease – Include both the beginning and the end dates of the sublease, and indicate whether the subtenant can “carry over” from month to month after the lease expires.
- Calculate and list the rent – The sublease’s rent breakdown should include both the full rent the tenant is paying and the portion of rent the subtenant will be paying. This part of the lease should also make clear the tenant’s and subtenant’s responsibility for paying utilities, HOA fees, or other expenses.
- List any restrictions – This notifies the tenant/s about any property restrictions, from smoking, pets, use of community facilities, or certain zoning or HOA regulations.
Indiana Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Indiana. Once you’ve filled out an Indiana sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Indiana laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Indiana Landlord-Tenant Laws: Title 32, Article 31 of the Indiana Code (Landlord-Tenant Relations)
In Indiana, a sublessor must:
- Give a subtenant ten days (10) written notice to pay rent or leave
- Return the security deposit within forty-five days (45) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
Indiana Sublease FAQs
Is subletting illegal in Indiana?
No, subletting isn’t illegal in Indiana. Indiana law doesn’t specifically allow or prohibit subletting. The ability to sublet a particular property depends entirely on the language of the lease.
Some leases expressly forbid subletting, so even having a landlord’s verbal permission to sublet is unlikely to be enough to override the written lease.
Can a tenant sublet a rented property without the landlord’s permission?
No, a tenant can’t sublet a rented property without the landlord’s permission. If a lease permits subletting, it still may contain additional requirements for subletting permission to be granted, such as a minimum notice period to the landlord or certain parameters the subtenant must meet (such as proof of steady income, no criminal history, or no pets).
Generally, it’s a good idea to send this notice to the landlord via certified mail so that there’s a paper trail to verify this request.
Is a written sublease required in Indiana?
Because Indiana law doesn’t permit or ban subletting, a sublease isn’t strictly required by law for someone to act as subtenant of a property. However, operating a sublease without a written agreement can be a major gamble for the original tenant, who carries the risk of being a landlord without any of the available legal remedies (like eviction or suing for back rent).
Without a written sublease in place, courts can be reluctant to order a subtenant to vacate a rental property or make rent payments.
How can tenants terminate a sublease agreement with a subtenant?
To terminate a sublease in Indiana, tenants must carefully review the language of the sublease, as well as the language of their original lease. Ideally, the sublease will set forth eviction requirements (e.g. if rent is more than 15 days late, the tenant may file a notice to quit).
Indiana law requires landlords to provide 10 days’ notice for nonpayment of rent, but also allows landlords to file unconditional (immediate) notices to quit if the tenant:
- engages in illegal activity on the property
- breaks a provision of the lease agreement
- causes property damage.
Tenants leasing to subtenants should generally follow the same laws and notice guidelines that apply between landlords and tenants unless the sublease provides different rules and guidelines.