Indiana
An Indiana lease agreement is a legally binding document that establishes the terms between a landlord and a tenant for renting property. This agreement typically requires the tenant to pay a monthly rent and may involve a security deposit prior to occupancy. The lease should clearly outline essential details, including the property address and description, landlord and tenant information, payment terms, and any disclosures regarding potential hazards or pet prohibitions.
SimpleBasicLease_Indiana
Rental Lease Laws Overview
Indiana does not have rent control laws, and there is no state-mandated limit on late fees. While late fees can be included in the rental agreement, there is no required grace period for rent payments. Additionally, landlords in Indiana are not required to hold a license.
Required Lease Disclosures
When executing a lease agreement, Indiana law mandates that landlords provide several disclosures:
- Identification: Landlords and all parties authorized to manage the property must provide their contact details.
- Disclosure of Flood Hazard Area: This is required for lease agreements executed after June 30, 2009.
- Carbon Monoxide & Smoke Detector Addendum: Tenants must acknowledge in writing that the property has a functional smoke detector.
- Disclosure of Lead-Based Hazards: This must be attached if the property was built prior to 1978.
Security Deposit
Indiana law does not impose a maximum cap on the amount of the security deposit. Landlords are not required to provide receipts for the deposit, and interest payments on security deposits are not applicable. There is no specific requirement regarding the bank account for holding security deposits. Upon lease termination, landlords must return the security deposit within 45 days and provide an itemized list of any damages and repair costs within the same timeframe. Landlords can withhold the security deposit for damages that exceed normal wear and tear.
Rent Payments
Rent is payable on the date specified in the lease agreement. There is no state-wide rent control, and rent is primarily determined by landlords and the market, subject to local regulations and state preemption laws. While late fees are not mentioned in Indiana statutes, withholding rent without cause can lead to legal disputes.
Landlord Right of Entry
Landlords must provide tenants with advanced notice before entering a leased premises. However, they may enter without notice in emergencies that endanger the occupants or property. If a tenant requests a change of locks due to a court order for protection, landlords are required to change the locks within 48 hours and provide the new keys to the tenant.
Property Repairs
Landlords have the responsibility to maintain rental properties in a safe and clean condition, ensuring compliance with health and housing codes. They must make necessary repairs to keep the property habitable. Tenants are responsible for maintaining their rental units in a safe and clean manner, avoiding any deliberate or negligent damage. A rental unit may be considered abandoned if tenants stop paying rent and appear to have vacated, allowing landlords to take specific actions, excluding interference with utilities. Tenants must not disrupt services and must allow landlords entry for certain reasons under specific conditions.
Terminating a Lease
For month-to-month tenancies, either the landlord or tenant can terminate the lease by providing a 30-day notice prior to the intended move-out date. Additionally, landlords may remove and store a tenant’s abandoned personal property without liability if it is deemed abandoned under the law or after obtaining a court order.
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
In Indiana, landlords must provide several disclosures when executing a lease agreement, including identification details of the landlord and property managers, a disclosure of flood hazard areas for leases signed after June 30, 2009, an acknowledgment of functional smoke detectors, and a lead-based hazards disclosure for properties built before 1978.
Indiana law does not impose a state-mandated cap on the maximum amount for a security deposit. However, landlords must return the deposit within 45 days of lease termination, along with an itemized list of any damages or repair costs.
To terminate a month-to-month lease in Indiana, either the landlord or tenant must provide a 30-day notice prior to the intended move-out date.
Yes, a landlord can enter a rental property without notice in Indiana if there is an emergency that endangers the occupants or property. Otherwise, landlords must give tenants advanced notice before entering the premises.
No, Indiana does not have state-wide rent control laws. Rent is primarily determined by landlords and market conditions, although local regulations may apply.
Landlords in Indiana are responsible for keeping rental properties safe, clean, and compliant with health and housing codes. This includes making necessary repairs to ensure the property remains habitable.
If a tenant abandons a rental unit in Indiana, the landlord can remove and store the tenant’s personal property without liability, provided it is deemed abandoned under the law or after obtaining a court order.
Indiana does not have specific laws regulating late fees, but landlords can include late fees in the rental agreement. There is no state-mandated grace period for late rent payments.