Indiana Residential Lease Agreement

Important Information for Indiana Landlords

Indiana Rental Law Highlights

Security Deposits (IC 32-31-3-12 through 32-31-3-19)

• Maximum Amount: No statutory limit (market determines)
• Return Timeline: 45 days after tenant vacates (IC 32-31-3-12)
• Itemized Statement: Required if any deductions are made (IC 32-31-3-12)
• Interest Required: No statutory requirement to pay interest
• Move-In Inspection: Strongly recommended to document condition
• Normal Wear and Tear: Cannot deduct for ordinary deterioration
• Mailing Address: Tenant must provide forwarding address in writing (IC 32-31-3-12)
• Penalties: Tenant may sue for deposit plus damages if wrongfully withheld

Rent and Rent Increases (IC 32-31-5-4)

• Grace Period: No statutory grace period required
• Late Fees: Must be reasonable; typically stated in lease
• Rent Increase Notice: 30 days for month-to-month tenancies (IC 32-31-5-4)
• Fixed Term: Cannot increase rent during lease term unless specified
• No Rent Control: Indiana does not have rent control laws

Required Disclosures (IC 32-31-3-18)

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Landlord’s name and address for notice purposes (IC 32-31-3-18)
• Person authorized to manage property (IC 32-31-3-18)
• Security deposit information and account location (IC 32-31-3-18)
• Move-in condition documentation (recommended)
• Smoke detector information

Eviction and Termination (IC 32-31-1-8, IC 32-31-5-4)

• 10-Day Notice: For nonpayment of rent (IC 32-31-5-4)
• 30-Day Notice: For lease violations or to terminate month-to-month tenancy
• Court Process Required: Must file for possession in small claims or circuit court
• No Self-Help: Lockouts and utility shutoffs are illegal (IC 32-31-5-6)
• Sheriff’s Writ: Required to physically remove tenant after judgment

Landlord Obligations (IC 32-31-5)

• Habitability: Must maintain premises in fit and habitable condition
• Essential Services: Heat, water, hot water must be functional
• Compliance: Must comply with applicable building and housing codes (IC 32-31-5-7)
• Structural Integrity: Maintain in safe and weathertight condition
• Smoke Detectors: Required in all dwelling units
• Common Areas: Keep clean and in good repair
• Repairs: Must make necessary repairs within reasonable time

Entry Requirements (IC 32-31-5-5)

• Notice Required: Reasonable notice required (Indiana law doesn’t specify exact timeframe, but 24-48 hours is customary)
• Reasonable Times: Entry during reasonable hours only
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Inspection, repairs, showing to buyers/tenants
• Court Order: May enter pursuant to court order

Tenant Rights and Protections

• Quiet Enjoyment: Right to peaceful possession without interference
• Privacy Rights: Right to reasonable notice before entry
• Withhold Rent: May withhold rent for uninhabitable conditions after proper notice
• Repair and Deduct: May make repairs and deduct from rent under certain conditions
• Security Deposit Protection: Must receive deposit or itemization within 45 days
• Retaliation: Landlord cannot retaliate for complaints (IC 32-31-5-11)
• Military Service: SCRA protections for active duty members

Indiana-Specific Considerations

Security Deposit Return Timeline (IC 32-31-3-12)

• 45 days to return deposit after tenant vacates
• Must provide itemized statement if deductions made
• Tenant must provide forwarding address in writing
• No statutory maximum on deposit amount
• Failure to return or provide itemization may result in liability

Landlord Disclosure Requirements (IC 32-31-3-18)

• Must disclose landlord’s name and address
• Must disclose person authorized to manage property
• Must disclose where security deposit is held
• Disclosure must be in writing
• Required for service of legal notices

Eviction Notice Periods (IC 32-31-5-4)

• 10 days for nonpayment of rent
• 30 days for lease violations
• 30 days to terminate month-to-month tenancy
• Must follow proper notice procedures
• Court filing required after notice period expires

Retaliation Protection (IC 32-31-5-11)

• Landlord cannot retaliate against tenant for:
• Complaining about housing code violations
• Complaining to landlord about repairs
• Joining or organizing tenant organizations
• Exercising legal rights under lease or law
• Presumption of retaliation if action within 6 months of complaint

Smoke Detector Requirements

• Smoke detectors required in all dwelling units
• Landlord responsible for installation and ensuring functionality at move-in
• Tenant responsible for battery replacement
• Tenant must notify landlord immediately of defects
• Carbon monoxide detectors required in certain circumstances

Fair Housing Requirements

Best Practices for Indiana Landlords

• Use comprehensive written leases for all tenancies
• Conduct thorough move-in and move-out inspections with photos
• Document property condition at move-in and move-out
• Return deposits within 45 days with itemization if deducting
• Disclose landlord’s name, address, and property manager in writing (required)
• Disclose where security deposit is held (required)
• Provide reasonable notice (24-48 hours) before entering property
• Keep detailed records of all transactions and communications
• Respond promptly to repair requests
• Maintain property to comply with housing codes
• Install and maintain working smoke detectors
• Never use self-help eviction methods
• Follow proper court procedures for evictions
• Do not retaliate against tenants for exercising legal rights
• Consider landlord insurance with loss of rent coverage

Indiana Climate Considerations

• Four Seasons: Cold winters, hot summers require working HVAC
• Winter Weather: Snow removal, ice control, heating system maintenance
• Severe Weather: Tornadoes, severe thunderstorms common
• Humidity: Address moisture and mold concerns
• Insulation: Important for energy efficiency in variable climate

Indianapolis and Urban Area Considerations

• Local Ordinances: Additional requirements in Indianapolis and other cities
• Rental Registration: Some cities require landlord registration
• Certificate of Occupancy: May be required in some jurisdictions
• Lead Paint: Prevalent in older housing stock; proper disclosure critical
• Rental Inspections: Some municipalities require periodic inspections

Rural Property Considerations

• Well Water: Landlord typically maintains well system
• Septic Systems: Clarify maintenance responsibilities
• Propane/Heating Oil: Specify who pays and maintains
• Agricultural Land: Include specific provisions if applicable
• Private Roads: Specify maintenance responsibilities

Resources

• Indiana Code – Title 32, Article 31 (Landlord-Tenant Relations)
• Indiana State Bar Association – Real Estate Section
• Indiana Legal Services
• Indiana Housing and Community Development Authority
• Local housing authorities
• Small claims and circuit courts (for possession proceedings)
• Indiana Apartment Association