Indiana

Indiana Landlord Tenant Key Rules

Official Indiana Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	No statute. Usually it’s 1x monthly rent
Security Deposit Interest:	No statute
Separate Security Deposit Bank Account:	No statute
Non-refundable fees:	No statute
Pet Deposits and Additional Fees:	No statute
Deadline for Returning Security Deposit:	45 days after lease termination. Ind. Code § 32-31-3-12(a)(3)
Permitted Uses of the Deposit:	Accrued rent, damages due to tenant’s noncompliance, unpaid utilities Ind. Code § 32-31-3-13
Security Deposit can be Withheld:	Yes Ind. Code § 32-31-3-12
Require Written Description/Itemized List of Damages and Charges:	Yes Ind. Code § 32-31-3-14
Receipt of Security Deposit:	No statute
Record Keeping of Deposit Withholdings:	No statute
Failure to Comply:	Tenant may recover the security deposit and reasonable attorney fees. Ind. Code § 32-31-3-16

Lease, Rent & Fees:

TOPIC	RULE
Rent is Due:	No statute but usually it’s due at the beginning of each month. If it’s a week-to-week lease then the beginning of each week.
Payment Methods:	No statute. Common forms of payment accepted are ACH transfers, checks, cash, etc.
Rent Increase Notice:	30 day notice required for any modification of the rental agreement. Ind. Code § 32-31-5-4
Late Fees:	No statute
Application Fees:	No statute
Prepaid Rent:	No statute
Returned Check Fees:	$25 fee Ind. Code § 24-4.5-7-202
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	No statute
Tenant Allowed to Repair and Deduct Rent:	No statute
Self-Help Evictions:	Not allowed. Ind. Code § 32-31-5-6
Landlord Allowed to Recover Court and Attorney’s Fees:	No statute
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	No statute

Notices and Entry:

TOPIC	RULE
Notice to Terminate Tenancy:	3 month notice for tenancies of a year. If it’s a fixed-term lease then it simply expires. Ind. Code § 32-31-1-3
Notice to Terminate a Periodic Lease – Week-to-week:	No statute for week-to-week lease agreements, but usually it’s a one-week notice.
Notice to Terminate a Periodic Lease – Month-to-Month:	1 month notice required Ind. Code § 32-31-1-1
Notice to Terminate Lease due to Sale of Property:	No statute. In this scenario it depends the type of lease agreement in place.
Notice of date/time of Move-Out Inspection:	No statute
Notice of Termination for Nonpayment:	10-day notice to quit or pay Ind. Code § 32-31-1-6
Notice for Lease Violation:	No statute. If it’s pertaining to nonpayment then 10-day notice is required.
Required Notice before Entry:	Yes. A landlord must give a tenant reasonable notice Ind. Code § 32-31-5-6(g)(2)
Entry Allowed with Notice for Maintenance and Repairs:	Yes. A landlord must give a tenant reasonable notice Ind. Code § 32-31-5-6(g)(2)
Emergency Entry Allowed without Notice:	Yes Ind. Code § 32-31-5-6(f)(1)
Entry Allowed During Tenant’s Extended Absence:	Yes Ind. Code § 32-31-5-6(f)(2)(B)
Entry Allowed with Notice for Showing the Property:	Yes. A landlord must give a tenant reasonable notice Ind. Code § 32-31-5-6(g)(2)
Notice to Tenants for Pesticide Use:	No statute
Lockouts Allowed:	Not allowed. Ind. Code § 32-31-5-6
Utility Shut-offs Allowed:	Not allowed. Ind. Code § 32-31-5-6
Electronic Notices Allowed:	No statute

Disclosures

• Name and Addresses: Must be disclosed to tenant. (Ind. Code § 32-31-3-18)
• Copy of the Lease: Recommended for written agreements. (Best practice)
• Domestic Violence Situations: Lease may be terminated with court order. (Ind. Code § 32-31-9-12)

Duties

Landlord’s Duties

• Compliance: Must comply with health and housing codes. (Ind. Code § 32-31-8-5)
• Repairs: Maintain the premises in a habitable condition. (Ind. Code § 32-31-8-5)
• Common Areas: Keep common areas safe and clean. (Ind. Code § 32-31-8-5)
• Maintenance: Ensure systems are functional. (Ind. Code § 32-31-8-5)
• Garbage: Provide for garbage removal. (Best practice)

Tenant’s Duties

• Cleanliness: Keep premises clean and safe. (Ind. Code § 32-31-7-5)
• Trash: Dispose of waste properly. (Ind. Code § 32-31-7-5)
• Plumbing: Keep fixtures clean. (Ind. Code § 32-31-7-5)
• Appliances: Use reasonably. (Ind. Code § 32-31-7-5)
• Damage: Avoid damaging the unit. (Ind. Code § 32-31-7-5)
• Quiet Enjoyment: Respect neighbors’ rights. (Ind. Code § 32-31-7-5)
• Subleasing: Not permitted without landlord consent. (Ind. Code § 32-31-1-7)
• Retaliation: Prohibited. (Ind. Code § 32-31-8-5)
• Lead Disclosure: Federal requirement.