A Indiana month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of an Indiana Month-to-Month Rental Agreement
In Indiana, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under Indiana landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Indiana
Indiana landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Indiana landlords must give the tenant their name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way.
- Flooding Hazard Disclosure – Indiana landlords must disclose any flood risk in the rental agreement. The law requires disclosure when the lowest floor of the building (including basements) falls at or below the 100-year frequency flood elevation.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Indiana
Indiana lets both the landlord and tenant end a month-to-month lease with at least 30 days of advance notice, unless agreed otherwise in writing. In general, any reason that isn’t landlord retaliation.
Indiana requires written notice to end a month-to-month lease. In general, notice may be hand delivered (including to someone authorized on the property, with an explanation), or posted in a conspicuous place on the tenant’s property.
Required Notice To Raise the Rent on an Indiana Month-to-Month Lease
Indiana requires the same standard advance notice provided for termination or other major lease changes, which is 30 days unless agreed in writing. Notice also must be delivered in writing.
Eviction in Indiana Month-to-Month Rentals
Indiana tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Indiana typically take three to sixteen weeks.
For more information on the eviction process in Indiana, click here.
Sources
- 1 Ind. Code § 32-31-5-4
-
Unless otherwise provided by a written rental agreement between a landlord and tenant, a landlord shall give the tenant at least thirty (30) days written notice before modifying the rental agreement.
Source Link - 2 Ind. Code 32-31-1-9
-
(a) Notice required under sections 1 through 7 of this chapter may be served on the tenant.
(b) If the tenant cannot be found, notice may be served on a person residing at the premises. The person serving the notice must explain the contents of the notice to the person being served.
(c) If a person described in subsection (b) is not found on the premises, notice may be served by affixing a copy of the notice to a conspicuous part of the premises.
