How to Transfer a Lease to a New Tenant in Indiana

Whether you’re moving early or have unexpected changes, Indiana renters may wonder if it’s possible to transfer their lease to someone else. In this guide, you’ll learn how lease transfers work in Indiana, your legal rights, the steps to take, and where to find help. Knowing the rules can help avoid penalties or misunderstandings with your landlord.

Understanding Lease Transfers in Indiana

Transferring your rental agreement to a new person—sometimes called a "lease assignment" or "subletting"—means someone else takes over your legal duties for the rest of the lease. Not all leases or landlords allow lease transfers, so knowing your options under Indiana law is key.

Assignment vs. Subletting

• Assignment: Your full interest in the lease is transferred to the new tenant. They become responsible for the rent and all terms, while you may be released from liability, if the landlord agrees.
• Subletting: You temporarily rent out the property to another person (the "subtenant") but remain responsible for the lease and payment to your landlord.

Your lease agreement should state whether assignments or subletting are permitted. If it’s silent or unclear, Indiana law generally lets the landlord decide.

Steps to Transfer a Lease in Indiana

To successfully transfer your lease, clear communication and following legal steps are essential.

• Check your lease agreement: Look for any clauses about assignments or subleasing. The contract may require written consent from the landlord, exclude assignments, or list specific steps.
• Get landlord approval: Even if your lease allows a transfer, you usually must ask for your landlord's written consent. Indiana law does not require landlords to accept a new tenant unless specified in your agreement¹.
• Find a suitable new tenant: They should meet the landlord’s usual application standards. The landlord may run background or credit checks as with any new renter.
• Complete and sign official forms: You’ll typically need an Assignment of Lease form or a Sublease Agreement. While Indiana does not have a state-issued form, your landlord might provide one, or you can draft a simple agreement. Ensure all parties (you, the landlord, and the new tenant) sign.
• Update tenant records: The new tenant’s information should be officially added. Ask for written confirmation from your landlord that the transfer is accepted and your responsibilities end (in case of an assignment).

Official Forms and Where to Find Them

• Assignment of Lease (No Official State Form): Used when a tenant wishes to transfer their remaining lease obligations and rights to a new person. Example: Jane needs to move for work, so she assigns her lease to Sam, who meets the landlord’s criteria. You can ask your landlord for a template or seek guidance from Indiana’s Attorney General.
• Sublease Agreement (No Official State Form): Use this when you wish to sublet. You remain responsible for the lease. Example: Alex is traveling for summer and sublets to Pat for three months, with landlord approval. Again, use a clear written agreement and ask your landlord if they require a specific template.

Always keep copies and use written forms. Oral agreements are hard to prove in case of a dispute.

What If the Landlord Refuses?

Landlords in Indiana can refuse a lease transfer unless the lease specifically states otherwise. However, they cannot unreasonably withhold consent if the lease requires "reasonable" approval. If you believe your request was unfairly denied, contact the Indiana Attorney General Consumer Protection Division or consult legal services for advice.

Relevant Law & Where Disputes Are Handled

• Key Legislation: Indiana Code Title 32, Article 31 – Indiana Landlord-Tenant Law¹.
• Dispute Tribunal: Residential tenancy disputes are generally handled in local Indiana small claims courts (part of circuit or superior courts).

FAQ on Lease Transfers in Indiana

1. Can I transfer my lease to anyone? Most landlords will require the new tenant to meet the same application standards as you. Always get written consent first.
2. Will I still be responsible if I assign my lease? If you complete a lease assignment and the landlord releases you in writing, your obligations end. For subleasing, you remain responsible for the lease.
3. Is there a set government form for lease assignment in Indiana? No, Indiana does not provide an official form, but written assignments or sublease agreements are strongly recommended.
4. What happens if I transfer my lease without approval? Unauthorized assignments or subletting may be grounds for eviction or legal claims. Always get landlord consent in writing.
5. Can my landlord charge a fee for transferring the lease? Yes, if your lease allows, but any charges should be clearly outlined in your lease agreement.

Conclusion: What Indiana Renters Should Remember

• Always review your lease and discuss any transfer plans with your landlord in writing.
• Use a clear written agreement for assignments or sublets and keep documentation.
• If unsure, contact Indiana’s Attorney General or a local tenant resource before making changes to your lease.

In summary, careful planning and open communication can make transferring your lease in Indiana smooth and legal.

Need Help? Resources for Renters

• Indiana Attorney General Consumer Protection Division – guidance and complaints
• Indiana Courts Landlord/Tenant Help – dispute process information
• Indiana Housing & Community Development Authority – rental guidance and tenant resources

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1. Indiana Code Title 32, Article 31 – Landlord-Tenant Law

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