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Indiana Landlord-Tenant Laws

Indiana Landlord Tenant LawsThis article is intended to be an online resource for Indiana landlords.  We summarize key Indiana Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  Indiana Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

Click here if you are seeking renters insurance in Indiana.

 

Quick Facts for Real Estate Investors Considering Indiana

Indiana landlord-tenant laws are considered Landlord friendly.

There are 6.7 million residents in Indiana.  Major metropolitan markets in Indiana are:

Indianapolis: Estimated population of 1,986,542, which 35% of residents are renter occupied.  Average rent is $886

Fort Wayne: Estimated population of 429,372, which 31% of residents are renter occupied.  Average rent is $737

South Bend: Estimated population of 319,799, which 30% of residents are renter occupied.  Average rent is $770

Evansville: Estimated population of 315,713, which 31% of residents are renter occupied.  Average rent is $740

 

Jump to Different Indiana Landlord Tenant Laws

 

 

 

 

SECURITY DEPOSIT LAWS IN INDIANA

 

Does Indiana require security deposits? 

Indiana does not require security deposits.   (Ind. Code Ann. §§ 32-31-3-12)

Is a security deposit receipt required in Indiana? 

Indiana does not require landlords to provide a receipt of security deposit.

How much security deposit can a landlord charge in Indiana? 

No Statute.

Storage Requirements for Security Deposits in Indiana:

No Statute.

Can security deposits be commingled with other assets in Indiana? 

Indiana landlords can commingle their security deposits with other assets.  However, it is always recommended to keep them separated.  Indiana has no statute about commingling.

Do landlords have to pay interest on security deposits in Indiana? 

Landlords are not required to pay interest on security deposits. 

When must a landlord return the deposit by in Indiana? 

In Indiana, landlords have 45 days once the tenant(s) have provided their new address to return the security deposit. (Ind. Code Ann. §§ 32-31-3-12)

When can a landlord in Indiana withhold security deposit?

At the end of a lease, the landlord is required to return the tenant’s security deposit.  However, landlords may without all or portions of a tenant’s security deposit if:
•  Unpaid rent
•  Remainder of rent on rental agreement
•  Unpaid utility bills
•  Amount of damages suffered or will suffer  (Ind. Code Ann. §§ 32-31-3-12).

Landlords must include a list with the remaining security deposit.

Nonrefundable fees: 

No Statute.

Pet Deposits and Additional Fees:

No Statute.

Require written description / itemized list of damages and charges?

Landlords are required to provide written and itemized list of damages.  (Ind. Code Ann. §§ 32-31-3-14)

What happens to Indiana landlords that fail to comply returning the security deposit?

When landlords in Indiana fail to comply with state law (Ind. Code Ann. §§ 32-31-3-15), they can be penalized the amount withheld plus reasonable attorney’s fees and court costs.  According to the penalty statue listed at (Ind. Code Ann. §§ 32-31-3-16)

 

 

 

 

 

RENTAL AGREEMENT LAWS IN INDIANA

 

Rental agreements required in Indiana:

Tenancies 3 years or longer in Indiana require a recording of the rental agreement.  If tenancy is less, it is still encouraged to create a written rental agreement.  If you need a lease, Burbz offers an online Indiana rental lease agreement.

What are the required lease provisions in Indiana?

Indiana requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list:
•  Owner / Manager’s Name and Address
•  Lead-based Paint disclosure
•  Amount of Rent
•  Rent due date
•  Responsible parties for utilities
•  Responsible party for maintenance

It is also strongly recommended to include these provisions:

  • Penalties for late rent payments
  • Pet policies
  • Security Deposit
  • Cleaning Fees
  • Other fees

 

What are the rental agreement notice requirements in Indiana: 

Fixed-End or Year-to-Year: For fixed year, no notice is required as the lease expires upon date.  Year-to-Year leases require a 3 month notice, according to (Ind. Code Ann. §§ 32-31-1-3). (Ind. Code Ann. §§ 32-31-1-8)

Month-to-Month: One month or more from lease expiration. (Ind. Code Ann. §§ 32-31-1-1)

Week-to-Week: 10 days or more from lease expiration. (Ind. Code Ann. §§ 32-31-1-6)

What happens when the tenant remains without consent after the rental agreement expires or terminates?

No Statute.

 

Does the lease automatically renew in Indiana? 

Leases terminated upon expiration, unless stated in the lease.

Rent Increase Notice:

Landlords must provide at least 30 days notice prior to the rent increase taking effect.  (Ind. Code Ann. §§ 32-31-5-4)

Rent Grace Period for Residential:

Tenants have no grace period before rent is considered late and fees may be charged.

Rent Grace Period for Manufactured Homes:

Tenants have no grace period before rent is considered late and fees may be charged.

Prepaid Rent:

No Statute.

 

 

 

 

LATE FEES AND LIMITS IN INDIANA

Late Fees for Residential:

No expressed limit but must be a reasonable amount.  Landlords can only charge a fee to cover their actual damages and not be used as a punishment for paying late.

Late Fees for Manufactured Homes:

No Statute.

Rent Grace Period for Manufactured Homes:

No Statute.

 

Limits to late fees in Indiana:

Must be reasonable amount allowed but not legally required.  Late fees must cover actual costs incurred due to late payment and not be deemed as only a punishment for paying late 

 

 

INDIANA LEASE TERMINATIONS / NOTICE TO QUIT

 

In Indiana, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in Indiana?

Indiana landlords can send their 10-day notice immediately to remedy or quit once the rent due date has passed.

How many days must a landlord allow before terminating for a Lease Violation?

No Statute.

How many days when terminating for Falsification of Information? 

No Statute

 

 

Indiana allows immediate lease termination if the tenant is responsible for:

•  Tenant commits waste
•  Tenant occupies past the lease expiration (known as tenant at sufferance)
•  Unpaid pre-paid rent if lease agreement requires

More information at (Ind. Code Ann. §§ 32-31-1-8)

 

 

 

INDIANA LAWS ON REPAIRS

 

Indiana tenants are legally not allowed to make repairs and deduct the cost from rent.  However, the following protocol must be followed before doing so:

How many days must the tenant give for non-emergency repairs? 

Tenants must provide reasonable amount of time for the landlord to address non-emergency repairs.

Can tenant without rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

No Statute.

 

If the landlord fails to take necessary action, then the tenants can legally:

Tenants can file a complaint against their landlord in court.

 

 

 

INDIANA LANDLORD RESPONSIBILITIES

What must the landlord provide in good and working order?

Indiana defines certain responsibilities for landlords, including:

•  Must comply with all applicable building codes affecting health and safety
•  Must keep all common areas in a clean and safe condition

Must supply running water and reasonable amounts of hot water, at all times.
• Must maintain facilities and appliances in good and working order, including:
•  Dwelling is in full compliance with applicable building, housing, safety and health codes
•  Sufficient and adequate supply to heat at all times

More information at (Ind. Code Ann. §§ 32-31-8-5)

 

 

Do landlords have to provide appliances and services?

No Statute.

 

 

 

 

INDIANA TENANT LAWS AND RESPONSIBILITIES

 

Tenant must maintain a fit and habitable premise and is prohibited from intentionally or negligently damaging or removing any part of the premise

Tenants must maintain the smoke detectors..  (Ind. Code Ann. §§ 32-31-7-5)

 

 

 

 

 

INDIANA EVICTION LAWS

 

Indiana requires a landlord to file an eviction action to evict a tenant.

Landlords may evict tenants for the following:

  • Not paying rent
  • Violation of lease / Breach of contract
  • ‘Committing Waste’ (damaging property)

 

Can landlords do a ‘self help’ eviction?

In Indiana, it is illegal for landlords to attempt to evict a tenant not through a court order.

Are landlords allowed to lock out tenants by changing locks?

Landlords cannot change locks.

Are landlords allowed to turn off utilities?

Landlords cannot turn off utilities.

Tenants may not be evicted for non-payment of rent if:

Indiana has no statutes allowing tenants to avoid eviction if actions are taken after the duration of written notices.

 

 

 

 

 

INDIANA LAWS ON RETALIATION

 

No Statute.

 

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

A landlord cannot discriminate against prospective tenants or tenants because they have been a victim of domestic violence, sexual assault, rape or stalking.

Verify Claim:

A landlord is allowed to verify claim of Domestic Violence.  (Ind. Code Ann. §§ 32-31-9-12)

 

Can a tenant terminate the least if they are a victim of domestic violence: 

Indiana state law says a tenant with proof of Domestic Violence status is allowed with 30 days notice to terminate the lease without penalty.

 

Who is responsible for Recovery of Losses: 

No Statute.

 

Must Landlords Change Locks:

If requested by a victim of Domestic Violence, a landlord must change within 48 hours the locks.  Cost of the lock is at the tenant’s expense.  (Ind. Code Ann. §§ 32-31-9-9 & Ind. Code Ann. §§ 32-31-9-11)

 

 

 

INDIANA LAWS FOR LOCKS AND LANDLORDS

 

Are landlords requested to change locks before new tenants:

Before new tenants moves in, landlords are not required to change the locks.  No Statute.

 

Are landlords required to install any specific security device:

Landlords are not required to provide or install security devices.  No Statute.

 

Do landlords have to change locks for domestic violence victims:

If requested, landlords must change within 48 hours locks after a domestic violence occurrence if the offender is not a tenant.  If the offender is another tenant, landlords have 24 hours..  Paid at the tenant’s expense.  (Ind. Code Ann. §§ 32-31-9-9 & Ind. Code Ann. §§ 32-31-9-11)

 

 

 

 

 

INDIANA PET LAWS & PET POLICIES

Indiana Landlord-Tenant Laws does not have any specific pet laws.  Landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more. Read our guide to pet policies.

 

 

What are the max pet deposits in Indiana:

No Statute.

 

Damages from Pets:

No Statute.

 

 

 

 

DO LANDLORDS IN INDIANA NEED A RENTAL LICENSE?

 

According to Indiana Landlord-Tenant Laws, landlords do not but local counties and cities may have their own regulations that require licensing need a rental license in Indiana. 

 

 

 

 

NOTICE OF ENTRY LAWS IN INDIANA

Do landlords in Indiana have to provide notice of entry? 

Landlords are not required to provide notice for normal circumstances entry.  It is recommended to provide 24-hours though.    This includes:

  • Non-emergency maintenance and repairs
  • Showing prospective tenants the unit
  • Inspections

When can a landlord enter without notice:

According to (Ind. Code Ann. §§ 32-31-5-6(g)), landlords may enter:

  • Emergencies
  • Court orders
  • If rental unit is believed abandonded

 

Can landlords enter for non-emergency maintenance and repairs?

Yes. (Ind. Code Ann. §§ 32-31-5-6(e))

 

Can landlords enter for showings?

Yes. (Ind. Code Ann. §§ 32-31-5-6(e))

 

Can landlords enter for emergencies without notice?

Yes. (Ind. Code Ann. §§ 32-31-5-6(f))

 

Can landlords enter during Tenant’s extended absence?

Yes, if the rental unit is believed to be abandoned.

 

Can landlords enter for pesticide use?

No statute. 

 

 

 

 

INDIANA SUBLEASE AND ASSIGNMENT PROVISIONS

 

Indiana has no statute regarding subleasing.  Landlords should include a sublease clause in the rental agreement if they want to not allow subletting.

 

 

 

TENANT ABANDONED PROPERTY IN INDIANA

 

Indiana Landlord-Tenant Laws has specific procedures that landlords must follow when tenants leave belongings.  This may be from evictions or moving out at the expiration of lease.

 

How long must landlords hold Tenant’s personal property?

No statute. 

 

How much notice must a landlord give if law enforcement has legally locked out the tenant?

No statute

 

 

Can the landlords sell property to pay for outstanding debts?

No statute. 

 

 

What happens to excess proceeds?

No statute. 

 

How long must landlords keep records of the sale for?

No statute. 

Landlords must store at one of the following places:

  • Warehouseman or Storage Facility

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR INDIANA LEASES

 

Indiana Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

100 Year Floodplain Disclosure:  Yes, http://www.in.gov/dnr/water/5647.htm

Disclosure of Landlord and Tenant Act:  No Statute.

Bedbug Disclosure: No Statute.

Move-In Documents: No Statute.

Owner or Agent Identity:  No statute. 

Utility Disclosure:  No statute. 

Landlord’s towing or parking rules policies:  No statute. 

Electric service interruption:  No statute. 

 

 

 

 

HELPFUL RESOURCES

 

Ind. Code Ann. §§ 32-31 – Landlord and Tenant

Ind. Code Ann. §§ 33-28-3 – Small Claims and Misdemeanor Division

Ind. Code Ann. §§ 33-34 – Marion County Small Claims Court

Tenant Rights, Laws and Protections: Indiana

Indiana Housing & Community Development Authority

Indiana Code: Landlord Tenant Relations

Indiana Civil Rights Commission

Indiana Housing & Community Development Authority

Indiana Department of Insurance

Indiana Guide to Property Insurance

Indiana Office of Consumer Protection

U.S. Department of Housing and Urban Development – Indiana

 

INDIANA RELATED COURT INFO & LINKS

Indiana Small Claims Court Limits:

$6,000 is the minimum for small claims court.

Indiana Eviction Cases Allowed in Small Claims:

Yes. (Ind. Code Ann. §§ 33-28-3-4(b)(2)

 

 

Indiana Small Claims Manual

Indiana Small Claims Rules

Marion County Small Claims Court

Judicial Branch of Indiana

Indiana Attorney General

Indiana State Bar Association

Indianapolis Bar Association

 

 

 

 

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