The Indiana residential lease agreement (“rental agreement”) documents the terms and conditions between a landlord and tenant for the purposes of leasing residential space. This type of arrangement can last for up to a few years with rent payments due every month.
Indiana Lease Agreement Disclosures
The following disclosures are either required for some or all residential lease agreements in Indiana.
There are also a number of optional disclosures and addendums that help reduce future conflicts and/or legal liability in Indiana.
Landlord’s Name & Address
Applicable to all rental units in Indiana.
Landlords, owners, or any authorized individuals who manage the property shall provide their name and business address to the tenant. Generally, this information is disclosed in the rental agreement so future legal notices and demands that are sent by the tenant can be properly delivered. If there are any changes of ownership or address changes the tenant should be notified immediately.
Flood Zone Disclosure
Applicable to any property where the lowest floor of a property is at or below the 100-year frequency flood elevation.
For buildings and dwelling units located in flood plains, Indiana landlords are required to disclose the flooding risk in the rental agreement. This applies when the lowest floor of the building (including basements) falls at or below the 100-year frequency flood elevation. The 100-year frequency flood elevation is determined by the Department of Natural Resources, the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps, or FEMA’s approved local flood plain maps.
Download: Indiana Flood Zone Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Indiana to:
- Fill out and attach this lead-based paint disclosure form to the lease agreement.
- Provide the tenant with an Environmental Protections Agency (EPA)-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Optional Disclosures & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by Indiana law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
- Move-in Checklist – it is recommended to provide an itemized list of damages to the property before move-in to make sure tenants are responsible for any serious and negligent damages that occur during the lease term. This can be attached to the rental agreement or signed as a separate document.
- Late and Returned Check Fees – it is recommended that landlords disclose in the lease any late fees or returned (bounced) check fees that they intend to charge. Indiana does not limit how high these fees can be, but they should be considered reasonable (often no more than 10% of rent) and reflect the actual expenses incurred by the landlord as a result of a late payment. They must also be charged only after the agreed upon due date for rent, dictated in the lease.
- Shared Utilities Arrangements – for rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
- Bed Bug Disclosure – for rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This addendum will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord.
- Asbestos Disclosure – for rental units built prior to 1981, asbestos was a common building material. This disclosure will notify the tenant to take certain precautions to minimize the chance of disturbing the asbestos fibers (i.e. no sanding, pounding, modifications or repairs, without the landlord’s consent). The disclosure will also notify the tenant of their obligation to immediately notify the landlord if any ceilings or walls begin to deteriorate.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the rental agreement to protect against future liability of mold damages due to a tenant’s negligence during the lease term. The disclosure notifies the tenants of their duties and responsibilities to prevent mold growth.
- Smoke Detector – it is recommended to disclose that the tenant acknowledges that the rental unit has a functional smoke detector and it is the tenant’s duty to maintain the smoke detectors.