Indiana Roommate Agreement
An Indiana room rental agreement, commonly referred to as a roommate agreement, is a contract that allows a tenant to share a dwelling with one or more co-tenants. This agreement establishes rules for individuals sharing the space and clarifies the responsibilities of each party involved.
Indiana Roommate Agreement
Types of Roommate Agreements in Indiana
Co-Tenancy
In a co-tenancy arrangement, all roommates are on the same lease and share equal responsibility to the landlord. If one co-tenant fails to adhere to the lease rules, all co-tenants can be held liable. Co-tenants typically do not have the authority to evict one another; any misconduct must be reported to the landlord.
Subtenancy
In a subtenancy arrangement, the original tenant acts as the landlord to the subtenant. The original tenant collects rent from the subtenant and is responsible for addressing any rental issues. The original tenant can evict the subtenant for misconduct, and the landlord retains the right to evict the subtenant as well. Subleasing usually requires the landlord’s permission and can lead to termination of the lease if done without consent.
At-Will Tenancy / Guest Tenancy
This informal arrangement occurs between the original tenant and a roommate, with or without the landlord’s consent. Under Indiana law, this type of tenancy can only last for up to 14 days within any 6-month period. If the arrangement exceeds this time frame, the roommate is considered a subtenant and can only be removed through formal eviction. Landlords may impose restrictions on the duration of guest stays and can evict if the original tenant violates guest rules.
Lease Violations in Roommate Situations
Roommates, as co-tenants, are “jointly and severally liable” for the terms of the original lease. This means that each co-tenant is fully responsible for upholding all lease terms. In the event of a violation, the landlord can seek full recovery from any of the co-tenants. For instance, if one roommate fails to pay their share of the rent, the landlord can demand the entire amount from the other roommates. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant is liable for any violations committed by the roommate.
Resolving Roommate Disputes in Indiana
In the case of disputes, the original lease takes precedence over the roommate agreement. This limitation affects the enforceability of house rules regarding shared responsibilities such as food, chores, and quiet hours. Co-tenants may consider utilizing a neutral third-party service, such as mediation or arbitration, to resolve disagreements that do not pertain to the lease.
Indiana Roommate Agreement Form
An Indiana roommate agreement form serves as a binding framework for all parties who sign it. However, signing this agreement does not automatically establish a relationship with the landlord or property owner unless one of the parties is the property owner.
Rental Application
A rental application is utilized to assess the eligibility of a potential tenant.
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
FAQs
An Indiana roommate agreement is a contract that allows tenants to share a dwelling with one or more co-tenants, outlining rules and responsibilities for those sharing the space. It establishes the terms of co-tenancy, where all roommates are on the same lease and share equal responsibility to the landlord.
An Indiana roommate agreement should include details such as the parties involved, property location, lease term, security deposit arrangements, rent distribution, utility payment responsibilities, house rules, and procedures for handling lease violations or early move-outs.
In Indiana, there are three types of roommate arrangements: co-tenancy, where all roommates are on the same lease; subtenancy, where one tenant acts as the landlord to another; and at-will or guest tenancy, which is an informal arrangement that can last up to 14 days within a 6-month period.
‘Jointly and severally liable’ means that all co-tenants are equally responsible for fulfilling the lease terms. If one roommate fails to pay rent, the landlord can demand the full amount from any of the co-tenants, regardless of who was responsible for the payment.
Roommates can resolve disputes by referring to the original lease, which takes priority over any roommate agreement. If the disagreement is not related to the lease, they may consider using a neutral third-party service like mediation or arbitration.
If a roommate needs to move out early, the roommate agreement should outline the procedures for handling this situation, including how to address any remaining responsibilities for rent and utilities, as well as the process for finding a replacement roommate if necessary.
While a roommate agreement provides a framework for living arrangements, house rules and agreements not related to the lease may not be enforceable in court. The original lease will generally take precedence in any legal disputes.
Landlord consent is crucial because it ensures that all roommates are recognized as co-tenants under the original lease. Without this consent, the original tenant remains liable for any violations committed by the roommate who is not on the lease.