The Indiana rental agreements are legal contracts created when a tenant wishes to use real property in exchange for regular payments (“rent”). The landlord and tenant agree on the terms of the rental. Additional terms must comply with Indiana’s landlord-tenant law and applicable state laws.
Indiana Rental Agreement Types
Indiana Required Lease Disclosures
- Landlord’s Name & Address (required for all) – All Indiana lease agreements must contain the landlord (or an authorized agent’s) contact information to help establish communication for legal notices.
- Flood Zone Disclosure (required for some) – For properties that fall below the 100-year flood elevation levels, an Indiana landlord is required to provide notice about the property’s existence in a flood zone to make the risk of flooding clear and limit liability in the case a flood occurs.
- Lead Based Paint Disclosure (required for some) – If an Indiana rental property was built before 1978, a lead paint disclosure is required that provides information about the risks posed by lead paints and any instances of lead paint in the unit to help avoid toxic exposure.
To learn more about required disclosures in Indiana, click here.
Indiana Landlord Tenant Laws
- Warranty of Habitability – Indiana landlords are required by law to provide tenants with lockable doors and windows, adequate plumbing, proper electric outlets, smoke detectors, and more. When these amenities breakdown, that same landlord has a “reasonable amount of time” to perform a full repair. However, if this standard is not met, it is unclear if an Indiana tenant can retaliate by withholding rent or performing a repair and deduct.
- Evictions – An Indiana tenant may be evicted after receiving a 10-day notice for failing to pay rent or violating a lease term. However, if they commit an illegal act, they may be evicted immediately. In most cases, though, this process takes at least several weeks.
- Security Deposits – Indiana law does not limit the value of security deposits charged by landlords. However, if a deposit of this kind is collected, it must be returned to its owner within 45 days of the tenant’s lease ending.
- Lease Termination – Month-to-month leases in Indiana can be terminated legally by providing 1 month of notice to the landlord. However, a fixed-lease tenant may also be able to prematurely terminate their lease by claiming one of the following opt-outs: active military duty, landlord harassment, inadequate living conditions, or domestic violence.
- Rent Increases & Fees – Indiana landlords can raise rent as much as they want for any reason, stated or unstated. However, any rent increases must also come with 30 days of advance notice. In a similar vein, Indiana does not generally limit how much a landlord can charge for fees (except for its $25 bounced check limit).
- Landlord Entry – Indiana only requires its landlords to enter a rented dwelling at a “reasonable” time without guidance on advance notice. Any standards on this front (including for emergencies) must be set out in a lease agreement.
- Settling Legal Disputes – Indiana’s small claims court can mediate landlord-tenant disputes valued at less than $6,000, including evictions. However, some counties like Marion County operate their own small claims court system with different limitations.
To learn more about landlord tenant laws in Indiana, click here.