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.
- Landlord’s Name & Address – for all rental units in Indiana.
- Flood Zone Disclosure (PDF) – for any property where the lowest floor of a structure is at or below the 100-year frequency flood elevation.
- Lead Based Paint Disclosure (PDF) – for rental units built prior to 1978.
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.
So that future legal notices and demands sent by the tenant can be properly delivered to the landlord, the name and address of either the landlord or the person authorized to act on the landlord’s behalf must be disclosed up-front (commonly done so in the lease agreement) .
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 to tenants in the lease agreement of the flooding risk they face. This applies when the lowest floor of the building falls below the flood line for the area and should be disclosed to all tenants in a structure, not just those directly in the flooding range .
FLOOD ZONE NOTICE. This property is located in a flood plain as determined by local authorities. Tenant agrees to accept the risk of tenancy by signing this lease agreement.
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 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 damages that occur during the lease term. This can be attached to the lease 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 establish an understanding of the current status of bed bugs at the property in case of a future infestation and to provide information on the protocol for handling one.
- Asbestos Disclosure – for rental units in buildings built prior to 1981 (which are considered at-risk for asbestos), it is recommended to establish an understanding of any prior knowledge on the existence of asbestos on the property.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to tenant negligence during the lease term.