An Indiana rental agreement is a legal contract between a landlord overseeing a rental property and a tenant using the property. Indiana landlord-tenant law governs and regulates these agreements.
Indiana Rental Agreement Types
An Indiana roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
Indiana Required Lease Disclosures
- Landlord’s Name and Address (required for all leases) – 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.
- Flood Zone Disclosure (required for some leases) – Indiana leases must provide notice for properties that fall below the designated 100-year flood elevation level.
- Lead-Based Paint Disclosure (required for some leases) – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
To learn more about required disclosures in Indiana, click here.
Indiana Landlord Tenant Laws
- Warranty of Habitability – Indiana landlords can only rent out habitable property. This means providing certain basic health and safety features like heat, plumbing, and electricity. Landlords must repair any issues within a reasonable time after proper notice from the tenant. Failure to repair lets a tenant sue the landlord or terminate the lease. Tenants usually aren’t allowed to repair and deduct, or withhold rent.
- Evictions – Indiana landlords may evict for rent nonpayment, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay, comply or quit, depending on the eviction type. This means most evictions in Indiana take several weeks. This may be extended if the property is covered by the federal CARES Act and the eviction is for nonpayment of rent, because Indiana courts have held that such evictions require a minimum 30 days of advance notice.
- Security Deposits – Indiana does not cap the maximum of a security deposit. When a lease ends, a landlord has 45 days to return any unused portion of the tenant’s security deposit.
- Lease Termination – Indiana lets tenants end a month-to-month lease with one month of advance notice. Terminating a fixed-term lease early requires (in most cases) active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Indiana landlords can raise rent by any amount between lease periods, as long as they provide at least 30 days of advance notice. Late fees have no maximum. Returned check fees have a $25 limit.
- Landlord Entry – Indiana landlords may enter rental property for reasonable business purposes like maintenance, inspections, and property showings. Before entering, they must provide reasonable advance notice (by custom, at least 24 hours), except in emergency situations.
- Settling Legal Disputes – Indiana lets small claims courts hear landlord-tenant disputes, as long as the amount in controversy is under $6,000. Unlike many states, Indiana’s small claims courts can hear eviction cases. However, some counties, such as Marion County, operate their own small claims court system with different thresholds.
To learn more about landlord tenant laws in Indiana, click here.
Sources
- 1 Hazelwood v. The Common Wealth Apartments, No. 23A-EV-1404, 9 (Ind. App. Mar. 22, 2024)
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…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…
Source Link - 2 Ind. Code § 24-7-5-5.5
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A lessor may contract for and charge a returned payment fee not to exceed twenty-five dollars ($25) for each return by a bank or other depository institution of a dishonored check, electronic funds transfer, negotiable order of withdrawal, or share draft issued by the lessee.
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