Under Indiana law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under Indiana Code Title 32 Article 31, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights cannot be waived regardless of what the rental agreement says.
Landlord Responsibilities in Indiana
In Indiana, landlords can’t legally rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Indiana’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Only Removal | Only Removal |
| Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | No |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Indiana
Landlords must perform necessary repairs in a timely manner. In Indiana, landlords must make repairs within a “reasonable time” after getting written notice from tenants, usually under two weeks.
If repairs aren’t made in a timely manner, Indiana tenants can sue for costs, or a court order to force the landlord to make repairs. In severe cases, they might be able to move out and cancel the rental agreement.
Tenant Responsibilities in Indiana
Aside from paying rent in a timely manner, Indiana tenants must:
- Keep the living space free from hazards and garbage
- Maintain appliances and keep them in working order
- Use facilities and appliances in a reasonable manner
- Abide by cleanliness standards
- Comply with all rules and regulations in the rental agreement
- Not deface, damage, or destroy any part of the rental unit
- Not disturb other tenants or neighbors
- Maintain smoke detectors
Evictions in Indiana
These are the most common reasons for pursuing evictions in Indiana:
- Nonpayment of Rent: If an Indiana tenant fails to pay rent, then the landlord may issue a 10-Day Notice To Pay. If the tenant still does not pay, then the landlord can start eviction proceedings.
- Violation of Lease Terms: If a lease violation has occurred, then the landlord may issue a Notice To Cure or Vacate, Indiana law does not specify a specific timeframe. If the tenant fails to remedy the issue within the timeframe, the landlord may start eviction proceedings.
- No Lease/End of Lease: If the tenants holdover or stay in the rental unit after the rental term has expired, the landlord must give notice depending on the type of tenancy. For tenancies-at-will, landlords must provide their tenants with a 30-Day Notice To Quit. If the tenancy is year-to-year, a landlord must provide the tenant with a 90-Day Notice To Quit.
- Illegal Acts: Landlords have broad discretion to determine evictions for illegal activities and may even include acts that are not explicitly illegal. If a tenant is engaged in illegal activity on the property, then the landlord can issue a 45-Day Notice To Quit.
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.
Indiana properties covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act are federally entitled to a minimum 30 days of advance notice before a landlord can file eviction for nonpayment of rent or fees. This applies even after the act’s other protections have expired.
Landlord Retaliation in Indiana
It’s illegal for Indiana landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Indiana
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits
- Interest Requirement: None
Returns and Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, physical damage excluding normal wear and tear, costs due to a breach of the lease, and damage due to a violation of the law
- Time Limit for Return: 45 days
- Max. Penalty for Late Return: Tenants can sue for the full deposit plus court costs and attorneys’ fees
Lease Termination in Indiana
Notice Requirements: Tenants must give the following notice if they wish to break a lease early:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 30 Days |
| Month-to-Month | 3 Months |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Tenants are allowed to legally break a lease for the following reasons:
- Early termination clause
- Active military duty
- Uninhabitable premises
- Landlord harassment
- Domestic violence
Cost of Breaking a Lease in Indiana
If an Indiana tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Indiana
Indiana does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Indiana does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Landlords must give 30 days’ notice before increasing the rent.
Housing Discrimination in Indiana
Protected Groups: The Federal Fair Housing Act outlaws discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. This law does not apply to some owner-occupied homes or homes operated by religious organizations. Indiana does not offer any extra protection to groups not outlined in the Federal Fair Housing Act.
Discriminatory Acts and Penalties: Housing discrimination laws are handled by the Indiana Civil Rights Commission. The following actions may be interpreted as discriminatory when directed at a member of a protected group:
- Refusing to rent or sell property
- Falsely claiming a unit is unavailable
- Refusing to offer certain financing options
- Offering different terms, conditions, or privileges
- Refusing to make reasonable accommodations
- Threatening or coercing a tenant out of exercising their rights
Indiana landlords found guilty of discrimination in housing may be liable for damages.
Additional Landlord Tenant Regulations in Indiana
In addition to having laws that address general issues like repairs and security deposits, most states, including Indiana, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right To Entry in Indiana
Indiana landlords have the right to enter rental property for inspections, maintenance, and property showings. Outside of emergencies, the landlord must allow reasonable advance notice before entering, generally at least 24 hours. While tenants can’t unreasonably withhold consent to enter, tenant consent is required for a landlord entry, even in most emergency situations.
Rent Collection and Related Fees in Indiana
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee
- Maximum Late Fee: No limit, but it must be reasonable
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent
- Rent Receipt: Not required
Small Claims Court in Indiana
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. Indiana Small Claims Court is a division of Circuit Court, except Marion County Small Claims Court is its own division. The process takes approximately two to four months.
Mandatory Disclosures in Indiana
Indiana landlords are required to make the following mandatory disclosures:
- Lead-Based Paint: Landlords that own homes built before 1978 must provide information about lead paint concentrations
- Authorized Agents: Landlords must provide the names and addresses of all parties involved in owning or managing the property.
- Flooding: As of 2009, Indiana landlords must disclose if their unit lies in a 100-year flood plain (FEMA and flood plain maps determine the applicability of this requirement)
Changing the Locks in Indiana
Indiana landlords cannot unilaterally change the locks on a tenant, as this is an illegal form of “self help” eviction. Tenants can require a lock change from the landlord if they are victims of domestic abuse, and can change the locks themselves if the landlord refuses (as long as they provide copies of any new keys within 24 hours).
Additional Resources for Indiana Renters
Many cities in Indiana have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, as well as the resources below.
Renting in Indiana: A Handbook for Tenants and Landlords
Sources
- 1 Hazelwood v. The Common Wealth Apartments, No. 23A-EV-1404, 9 (Ind. App. Mar. 22, 2024)
-
…the notice provision did not expire with the temporary eviction moratorium… a thirty-day notice to vacate [is] required by 15 U.S.C. § 9058(c) before initiating eviction proceedings [for nonpayment of rent or other fees]…
Source Link
