Indiana Month-to-Month Lease Agreement

Termination Notice

The minimum termination period for a month-to-month lease in Indiana requires either party to provide at least one month’s notice before terminating the lease agreement. This notice must be given in writing.

Rent Increase

State law does not impose restrictions on landlords regarding rent increases for month-to-month leases. However, it is recommended that landlords provide a 30-day notice prior to implementing any rent increase.

Required Lease Disclosures

Landlords are required to provide specific disclosures to tenants when entering into a month-to-month rental agreement. These disclosures include:

1. Identification: Landlords must disclose the name and address of the person authorized to manage the property and the person authorized to receive demands, notices, and service of process.

2. Flood Hazard Area Disclosure: Landlords must inform tenants if the property is located in a flood plain, specifically if the lowest floor of the building is at or below the 100-year frequency flood elevation.

3. Lead-Based Hazards Disclosure: If the property was built before 1978, landlords must disclose any known presence of lead-based paint.

4. Carbon Monoxide & Smoke Detector Addendum: Tenants must acknowledge that their unit has a functional smoke detector.

5. Water and Sewage Disclosure: If the landlord bills the tenant for water or sewage services, they must provide a disclosure that describes the services and associated fees.

Indiana Month-to-Month Eviction

In Indiana, landlords can terminate month-to-month leases by providing a 30-day written notice. This allows for eviction without cause after the notice period, applicable in cases of non-payment of rent, lease violations, or no-fault reasons. For detailed procedures regarding eviction, refer to the Indiana Eviction Process.

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
• Ind. Code § 32-31-1-7 – Subleasing
• Ind. Code § 32-31-8-5 – Retaliation