Indiana Commercial Lease Agreement
An Indiana commercial lease agreement is a legally binding document that facilitates non-residential property leasing transactions within the state. This agreement is designed to accommodate various business needs, including retail spaces, offices, and industrial facilities. It outlines the responsibilities of both landlords and tenants, helping to minimize disputes related to maintenance, repairs, utilities, and property taxes.
Indiana Commercial Lease Agreement
Rental Laws
The rental laws governing commercial leases in Indiana are outlined in the Indiana Code Title 26, Article 1, Chapter 2.1 (Leases). These laws establish the framework for lease agreements and define the rights and responsibilities of both landlords and tenants.
Consumer Protection Laws
Consumer protection in the context of commercial leases is addressed under Indiana Code § 26-1-2.1-104. This statute ensures that certain protections are in place for tenants engaging in lease agreements.
Jurisdiction
According to Indiana Code § 26-1-2.1-106, the jurisdiction for any legal matters arising from the lease agreement should align with one of the following:
- The lessee’s residence
- The location of the rental unit
- The jurisdiction where the lease is executed
If the chosen jurisdiction does not comply with these stipulations, the selected law or judicial forum may not be enforceable.
Required Disclosures
Disclosure of Structure in Flood Plain
If a commercial property is located at or below the 100-year flood elevation, this must be disclosed in the rental agreement as per § 32-31-1-21.
Disclosure of Property Near a Military Installation
Tenants must be informed of any potential military impact if the property is situated near a military installation, as mandated by § 32-31-1-21.1.
Indiana Business Entity Search
Landlords are advised to verify the status of all applying businesses by accessing their information in the Indiana Business Entity Search database to ensure compliance and legitimacy.
Statutes
- Ind. Code § 32-31-1-1 – Determination of estates at will
- Ind. Code § 32-31-1-3 – Determination of year to year tenancy
- Ind. Code § 32-31-1-6 – Rent; refusal or neglect to pay
- Ind. Code § 32-31-1-8 – Notice to quit; when not necessary
- Ind. Code § 32-31-1-21 – Disclosure of structure in flood plain
- Ind. Code § 32-31-3-12 – Return of deposits; deductions; liability
- Ind. Code § 32-31-3-13 – Use of deposits
- Ind. Code § 32-31-3-14 – Notice of damages; refund of remaining deposits
- Ind. Code § 32-31-3-15 – Remittance of full deposit
- Ind. Code § 32-31-3-16 – Liability for withheld deposits
- Ind. Code § 32-31-4-2 – Liability; abandoned property; court order allowing removal by landlord
- Ind. Code § 32-31-5-4 – Written notice required to modify rental agreement
- Ind. Code § 32-31-5-5 – Tenant’s personal property
- Ind. Code § 32-31-5-6(c) – Landlord prohibited from interfering with access, possession, or essential services; unit entry by landlord
- Ind. Code § 32-31-5-6(e) – Landlord prohibited from interfering with access, possession, or essential services; unit entry by landlord
- Ind. Code § 32-31-5-6(f) – Landlord prohibited from interfering with access, possession, or essential services; unit entry by landlord
- Ind. Code § 32-31-5-6(g) – Landlord prohibited from interfering with access, possession, or essential services; unit entry by landlord
- Ind. Code § 32-31-8-5 – Landlord Obligations
- Ind. Code § 32-31-7-5 – Tenant Obligations
- Ind. Code § 32-31-7-6 – Condition of rental premises upon termination of occupancy
- Ind. Code § 32-31-7-7 – Landlord’s cause of action to enforce tenant obligations
- Ind. Code § 32-31-3-18 – Disclosure of Managers and Agents
- Ind. Code § 32-31-5-7 – Written acknowledgement by tenant
- Ind. Code § 32-31-2-1 – Necessity of recording
- Ind. Code § 32-31-9-8 – Lease protections; prohibition of retaliation by landlord
- Ind. Code § 32-31-9-12(b) & (c) – Termination of rental agreements by protected individuals; written notices; liability
- Ind. Code § 32-31-9-9 – Change of lock requirements
- Ind. Code § 32-31-9-11 – Reimbursement for lock changes; key requirements
- Ind. Code § 33-28-3-4(b)(1) – Jurisdiction of small claims docket
- Ind. Code § 33-28-3-4(b)(1) – Jurisdiction of small claims docket
- Ind. Code § 24-4.5-7-202 – Fee for dishonored check, electronic funds transfer, or debit authorization; limits on lender’s presentment of check or debiting of account
FAQs
An Indiana commercial lease agreement is a legally binding document that facilitates non-residential property leasing transactions within the state. It is adaptable for various business needs, including retail spaces, offices, and industrial facilities.
Key requirements for an Indiana commercial lease include compliance with Indiana Code Title 26, Article 1, Chapter 2.1, and consumer protection laws under Indiana Code § 26-1-2.1-104. Additionally, jurisdiction must align with the lessee’s residence, the rental unit’s location, or where the lease is executed.
Required disclosures in an Indiana commercial lease include the disclosure of whether the property is in a flood plain and if it is near a military installation, as specified in Indiana Code § 32-31-1-21 and § 32-31-1-21.1, respectively.
Landlords can verify the status of businesses applying for a lease by accessing the Indiana Business Entity Search database, which provides essential information about the applying businesses.
If the jurisdiction specified in a lease does not comply with Indiana law, as outlined in Indiana Code § 26-1-2.1-106, the chosen law or judicial forum may not be enforceable.
An Indiana commercial lease agreement typically outlines the maintenance and repair obligations of both the landlord and tenant, minimizing potential disputes by clearly defining each party’s responsibilities.
An Indiana commercial lease agreement template can be downloaded in PDF or MS Word format, providing a convenient option for landlords and tenants to create their leasing documents.