Indiana
Ind. Code § 32-31-1-3 This article provides a quick overview of some key Indiana Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Indiana Statutes cited below to research this information and it should be a good starting point in learning about the law.
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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.