Indiana Month-to-Month Rental Agreement
When it comes to flexibility in renting, it’s hard to beat what an Indiana month-to-month lease agreement can offer.
Unlike fixed-term leases, month-to-month lease agreements — aka rental agreements — allow for greater responsiveness to changing circumstances because landlords or tenants can terminate them with proper notice. So, while their main feature is flexibility, remember that these agreements require landlords to provide Indiana’s mandatory state-required disclosures.
Ultimately, month-to-month agreements enable landlords to adapt to market conditions more quickly while allowing month-to-month renters (often called “tenants-at-will”) to enjoy potentially more accommodating living arrangements.
Indiana Month-to-Month Lease Agreement
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Indiana Lease Agreement
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Indiana Month-to-Month Lease Laws
Understanding the legal landscape is essential when entering an Indiana month-to-month lease agreement. Below, we’ll review all the details you need to know, including:
- Disclosures
- Notice to terminate
- Rent increases
- Eviction
- Security deposit laws
- Pet deposits and rent limitations
- Late fees
Required Landlord Disclosures (2)
Indiana landlords must provide tenants with specific disclosures during the lease-signing process to ensure transparency and legal compliance. A reliable template for your lease agreement can help. Such disclosures include:
- Lead-based paint disclosure: For properties constructed before 1978, federal law requires landlords to disclose any lead-based paint hazards to tenants.
- Owner or authorized person disclosure: Landlords must disclose the name and address of the person authorized to manage the property (IC § 32-31-3-18(a)).
- Smoke detectors: Landlords must install working smoke detectors and disclose their presence and functionality (IC § 32-31-5-7(a)).
- Flood zone disclosure: Landlords must disclose if the property is in a flood zone (IC § 32-31-1-21).
Water and sewage disposal services: Landlords must inform tenants of any provided water and/or sewage disposal services (IC § 8-1-2-1.2).
Required Notice to Terminate Month-to-Month Agreement
Landlords and tenants must provide adequate notice to terminate an Indiana month-to-month lease agreement.
Required notice for landlord: 30 days
Required notice for tenant: 30 days
Rent Increase Laws
Landlords who have entered into Indiana month-to-month agreements have greater flexibility in raising rent, especially since rent control does not exist in Indiana.
In fact, it is illegal to regulate rent in Indiana (IC § 32-31-1-20). However, landlords must still provide proper notice (i.e., 30 days) for rent increases.
Rent Payment Laws
Grace period: Indiana does not have a statewide mandated grace period.
Late rent fees: Indiana law does not set a maximum late fee, but it must be “reasonable.”
Tenant’s right to withhold rent: Tenants can withhold rent in Indiana if the landlord fails to provide habitable housing conditions.
Pet rent laws: Indiana has no statewide limits on pet rent.
Security Deposit Rules
Maximum security deposit: Indiana law does not specify a maximum security-deposit amount.
Security deposit receipt: Indiana law doesn’t require landlords to provide tenants a receipt for their security deposit.
Deduction tracking: Landlords must provide an itemized list of security deposit deductions within 45 days of lease termination (IC § 32-31-3-12).
Returning a tenant’s security deposit: Landlords must return the security deposit, minus any deductions, within 45 days of the lease termination (IC § 32-31-3-12).
Pet deposit rules: Indiana has no statewide legislation stipulating how much a landlord can charge for a pet deposit.
Property Access Regulations
Advance notice: Indiana law does not specify a required advance notice, but reasonable notice is generally expected (IC § 32-31-5-6(g)).
Immediate access: Landlords may access the property without notice in emergencies (IC § 32-31-5-6(f))..
Landlord harassment: Repeated, unreasonable entries without proper notice could be considered harassment (IC § 32-31-5-6(g)).
Rental Agreement Violations
Missed rent payment: Landlords can begin eviction after providing a Notice to Pay or Quit (IC § 32-31-1-6).
Lease violation: Landlords can provide a Notice to Cure or Quit for lease violations (IC § 32-31-7-7).
Self-help evictions: Self-help evictions are illegal in Indiana (IC § 32-31-5-6(c)).
Lease abandonment: Tenants remain financially responsible for rent until the lease is terminated correctly (IC § 32-31-7-7(f)).
Indiana Month-to-Month Lease Agreement FAQs
What is an Indiana month-to-month lease agreement?
It’s a short-term residential rental agreement that renews automatically each month, providing flexibility for landlords and tenancy-at-will renters.
What’s the difference between a fixed-term lease and a month-to-month agreement?
A fixed-term lease locks in terms for a specific period, while a month-to-month agreement offers flexibility with monthly renewals.
How to end an Indiana month-to-month lease agreement?
Either party can terminate an Indiana month-to-month lease agreement with a 30-day written notice.
