Indiana Residential Lease Agreement

Required Landlord Disclosures (6)

Landlords must disclose certain information to tenants before or at the start of the lease. Some disclosures come from federal law, while others come from Indiana’s state statutes.

1. Lead-based paint: Under federal housing law, landlords must disclose known lead-based paint or lead-based paint hazards in most dwelling units built before 1978 and provide tenants with the EPA pamphlet on lead-based paint hazards (42 U.S.C. § 4852d).
2. Name and address of landlord and/or agents: Indiana landlords must disclose, in writing, at or before the start of the rental agreement, the name and address of (1) a person residing in Indiana who is authorized to manage the rental, and (2) a person residing in Indiana who is authorized to act as the owner’s agent to receive notices, demands, and service of process (Ind. Code § 32-31-3-18(a)).
3. Smoke detector: When the landlord delivers the rental unit, the landlord must require the tenant to acknowledge in writing that the unit has a functional smoke detector (Ind. Code § 32-31-5-7(a)).
4. Flood zone: If a rental unit’s lowest floor, including a basement, is at or below the 100-year-frequency flood elevation, landlords must clearly disclose this information in the rental agreement (Ind. Code § 32-31-1-21).
5. Military installation: Landlords whose property sits near a military installation within a state area of interest must disclose this in leases entered into or renewed after June 30, 2023, and note that local laws may restrict the property’s use and development (Ind. Code § 32-31-1-21.1).
6. Water and sewage disposal services: Landlords who distribute and separately bill tenants for water or sewage disposal services must disclose the services provided, any permitted fees, and the required complaint statement in the lease (Ind. Code § 8-1-2-1.2).

Security Deposit Regulations

Maximum security deposit amount: Indiana law does not restrict the amount landlords may charge for a security deposit.

Receipt of deposit: State law does not require landlords to provide tenants with a written receipt acknowledging security deposits.

Deduction tracking: If landlords make deductions from a tenant’s security deposit, they must send the tenant an itemized list of damages and charges within 45 days after the tenant moves out and provides a forwarding address (Ind. Code § 32-31-3-13, § 32-31-3-14, § 32-31-3-15).

Returning a tenant’s security deposit: Landlords must return any unused portion of the security deposit within 45 days after the tenant vacates the premises and provides a forwarding address (Ind. Code § 32-31-3-12).

Landlord’s Access to Property

Advance notice: Indiana landlords must give tenants reasonable written or oral notice before entering a rental unit. No statute specifies the exact length of the notice (Ind. Code § 32-31-5-6(g)).

Immediate access: In an emergency, landlords may enter a rental unit without giving the tenant advance notice (Ind. Code § 32-31-5-6(f)).

Landlord harassment: In Indiana, landlords cannot abuse the right of access. Repeated unlawful entry could violate the tenant’s right to reasonable privacy, but tenants should review the lease and state law before attempting to terminate the contract early (Ind. Code § 32-31-5-6(g)).

Rent Payment Laws

Grace period: Indiana law does not specify a grace period for tenants to pay rent. Rent is due in full on the date listed in the Indiana residential lease agreement.

Late rent fees: Indiana law does not cap late rent fees. Landlords may charge any amount stated in the lease.

Tenant’s right to withhold rent: Under Indiana law, tenants cannot withhold rent for repairs. They must keep paying rent even if the landlord fails to make repairs, though they may have other legal remedies.

Breach of Lease Agreement

Missed rent payment: If rent goes unpaid by the date listed in the lease, landlords may charge the tenant a late fee (if the lease allows) and issue a 10-Day Notice to Pay or Quit (Ind. Code § 32-31-1-6).

Lease violation: If a tenant violates the lease, the landlord typically must provide notice and a reasonable opportunity to remedy the violation. Indiana law does not specify an exact cure period (Ind. Code § 32-31-7-7).

Self-help evictions: State law prohibits self-help evictions, including lockouts, utility shutoffs, and interference with the tenant’s right to access or occupy the rental. Landlords should never attempt them (Ind. Code § 32-31-5-6(c)).

Lease abandonment: If a tenant abandons the rental before the lease term ends, Indiana case law requires the landlord to make reasonable efforts to re-rent the unit rather than leave it empty and bill the tenant for the full remaining term. The tenant may still owe rent and damages the landlord cannot recover through re-renting (Nylen v. Park Doral Apartments, 535 N.E.2d 178 (Ind. Ct. App. 1989)).

Ending an Indiana Lease Agreement

Month-to-month: In Indiana, landlords must provide 1 month’s written notice to terminate a month-to-month lease (Ind. Code § 32-31-1-1).

Year-to-year: To terminate a year-to-year tenancy, landlords must give at least 3 months’ notice before the current year of the tenancy expires (Ind. Code § 32-31-1-3).

Fixed-term: To terminate a fixed-term lease without cause, Indiana landlords must wait until the lease term ends. Indiana law does not require notice when the lease ends on a date stated in the contract (Ind. Code § 32-31-1-8).

Property abandonment: If a tenant leaves personal belongings behind, the landlord is not liable for any loss or damage to them. The landlord may obtain a court order to remove the property and deliver it to a warehouseman or court-approved storage facility (Ind. Code § 32-31-4-2).

Renewing a Lease

Required renewals: Indiana landlords are not required to allow tenants to renew their leases.

Required notice: Landlords must provide 1 month’s notice to terminate a month-to-month lease (Ind. Code § 32-31-1-1). Landlords do not have to give notice when a fixed-term lease ends on the date stated in the contract (§ 32-31-1-8).