How To Sublet Legally In Indiana

The Bottom Line: Indiana law does not specifically prohibit or permit sublets, so what your lease reads matters. If your lease says no sublets, then that means no sublets and always obtain written approval from your landlord prior to subletting.

1. Check your lease. Most likely, your lease contains a clause that requires you to obtain your landlord’s approval prior to subletting.

2. Mail a letter. You should send a letter to your landlord via certified mail, return-receipt requested, and save a copy of the document for your own records. Certified mail is the only proof of delivery that most courts will accept and thus is the best way to protect yourself. The letter should clearly outline the terms of the agreement and include the following information:

   • The term (starting and end dates) of the sublet or the date of the proposed assignment (30 days from when you sent the letter)
   • The name of the proposed subtenant or assignee
   • The permanent home address of the proposed subtenant or assignee
   • Your reason for subletting or leaving permanently
   • Your new address during the sublease if applicable
   • The written consent of any co‑tenant
   • A copy of the proposed sublease

3. Screen your subtenant carefully. The key to getting permission from your landlord is suggesting a subtenant who is as qualified as you are. This means that they pass the same requirements you had to meet in the first place.

   If you find someone who makes even slightly less income it will be easier for your landlord to leave you in a lurch by refusing.

4. Wait for approval. If your lease says that you are not allowed to sublet under any circumstance then your landlord can ignore or refuse your request with impunity. If this happens, your only recourse will be to tell your landlord that they have a duty to mitigate damages by accepting your subtenant.

   If your landlord rejects your request, know that they can only reject proposed subtenants based on legitimate factors and can’t “unreasonably refuse” the request. Legal grounds for refusal may include:

   Legal grounds for refusal may include:

   • The financial responsibility of the proposed assignee or subtenant.
   • Intended use of the property.
   • The legality of the proposed use.
   • The nature of the occupancy.
   • The compatibility of the tenant’s use with the uses of the other tenants.

5. Collect and store a security deposit. Hooray - you're approved! To protect yourself against damages to the apartment or any belongings that you leave in the space, you should take a security deposit from your subtenant. Follow Indiana laws for accepting and holding security deposits as best you can. The most important thing to do is agree on the state of the apartment with your subtenant so that you don't get charged for damages caused by them.

6. Stay responsible. Remember just because you aren’t living in the place anymore, doesn’t mean that you aren’t held accountable to the terms of your lease. It is still up to you to make sure that the rent is paid on time and that none of the lease terms are broken.

   You don't want to spend the first day of every month pestering someone for rent so that you can pay your landlord. You don't want to have to think about it at all.

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