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Indiana State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can navigate these with ease.

This article is not intended to be exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in your area. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules, Regulations & Guides

Details

Security Deposit:

  • Security Deposit Maximum: No statute (IC 32-31-3-12)
  • Security Deposit Interest: No statute.
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits: No statute.
  • Non-Refundable Fees: No statute.
  • Application Fees: No statute.
  • Deadline for Returning Security Deposit: 45 days (IC 32-31-3-12)
  • Permitted Uses of the Deposit: Landlords are allowed to make deductions from the security deposit to pay for:
    • for the payment of unpaid rent;
    • for reimbursement of damages that are not the result of ordinary wear and tear;
    • for the amount of damages that the landlord has suffered or will reasonably suffer due to the tenant’s noncompliance with law or the rental agreement; and
    • for any unpaid utility or sewer charges that the tenant is obligated to pay. (IC 32-31-3-12)
  • Require Written Description/Itemized List of Damages and Charges: Within 45 days of termination of occupancy, the landlord must deliver an itemized list of damages, with a money order for the difference between the damages claimed and the amount of the security deposit. The itemized list shall include:
    • the estimated cost of repair for each damaged item; and
    • the amounts and lease on which the landlord intends to assess the tenant. (IC 32-31-3-14)
  • Record Keeping of Deposit Withholdings: No statute
  • Receipt of Deposit: No statute.
  • Failure to Comply: Failure by a landlord to provide notice of damages constitutes an agreement by the landlord that no damages are due, and the landlord must immediately return the full security deposit to the tenant. (IC 32-31-3-15) Landlords who fail to itemize the damages are liable to the tenant for an amount equal to the part of the deposit withheld by the landlord plus reasonable attorney’s fees and court costs. (IC 32-31-3-16)

Lease, Rent & Fees:

  • Rent Is Due: No statute.
  • Payment Methods: No statute.
  • Rent Increase Notice: 30 days (IC 32-31-5-4)
  • Rent Grace Period: No statute.
  • Late Fees: No statute.
  • Prepaid Rent: No statute.
  • Returned Check Fees: $25 (IC 24-4.5-7-202)
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No statute.
  • Tenant Allowed to Repair and Deduct Rent: No statute.
  • Landlord Allowed to Recover Court and Attorney Fees: Yes (IC 32-31-7-7)
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages Caused by Lessee: No statute
  • Abandonment of Personal Property:
    • Landlords can remove the tenant’s abandoned personal property with a formal writ of possession (that is, a court order), and move the property to an approved storage facility. (IC 32-31-4-2)
    • A landlord may not take possession of, remove from the dwelling unit, deny access to, or dispose of, a tenant’s personal property to enforce an obligation of the tenant to the landlord under a rental agreement. (IC 32-31-5-5)

Notices & Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No statute. No notice is needed as the lease simply expires. (IC 32-31-1-8)
  • Notice to Terminate Tenancy – Year-to-Year Lease: Three Months (IC 32-31-1-3)
  • Notice to Terminate Tenancy – Month-to-Month Lease: One Month (IC 32-31-1-1)
  • Notice of Termination of a Lease for Nonpayment: 10 Days, but the tenant may pay the rent in full before the notice period expires, to stay. (IC 32-31-1-6)
  • Termination for Lease Violation: No Statute
  • No Notice to Quit Needed: A landlord can give an immediate unconditional quit notice in the following situations: (IC 32-31-1-8)
    1. A tenant at will commit waste.
    2. The tenant continues living in the unit after the lease has expired.
    3. The express terms of the contract require the tenant to pay the rent in advance, and the tenant refuses or neglects to pay the rent in advance.
    4. The landlord-tenant relationship does not exist.
  • Notice of Date/Time of Move-Out Inspection: No statute.
  • Required Notice before Entry: “Reasonable” written or oral notice is required. No exact amount of time is specified, but, generally, 24 hours is recommended. (IC 32-31-5-6(g))
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (IC 32-31-5-6(e))
  • Entry Allowed with Notice for Showings: Yes (IC 32-31-5-6(e))
  • Emergency Entry Allowed without Notice: Yes (IC 32-31-5-6(f))
  • Entry Allowed During Tenant’s Extended Absence: No statute.
  • Notice to Tenants for Pesticide Use: No statute.
  • Lockouts Allowed: No (IC 32-31-5-6(c))
  • Utility Shut-offs Allowed: No (IC 32-31-5-6(c))

Disclosures & Miscellaneous Notes:

  • Names and addresses: A landlord shall disclose and provide the tenant, in writing, at or before the commencement of the rental agreement the names and addresses of the following:
    • A person residing in Indiana is authorized to manage the dwelling unit.
    • A person residing in Indiana reasonably accessible to the tenant who is authorized to act as agent for the owner for purposes of service of process; and receiving and receipting for notices and demands. (IC 32-31-3-18)
  • Copy of the lease: Any lease longer than 3 years in duration needs to be recorded with the county within 45 days of its execution. (IC 32-31-2-1)
  • Domestic Violence situations:
    • Proof of Status: Landlord is entitled to verify the claim of domestic violence status.
    • Lease: Landlords must not terminate a lease, refuse to renew a lease, refuse to enter into a lease, or retaliate against a tenant who is a victim of domestic violence. (IC 32-31-9-8)
    • Termination of Lease: A tenant is allowed to terminate a lease with 30 days’ notice and proof of domestic violence status. The written notice must include specific details listed in IC 32-31-9-12(b) & (c).
    • Locks: Upon request and delivery of a court order, the landlord must change or rekey the locks at the tenant’s expense within 48 hours. (IC 32-31-9-9 & IC 32-31-9-11)
  • Landlord Obligations: A landlord shall do the following: (IC 32-31-8-5)
    • Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition.
    • Comply with all health and housing codes applicable to the rental premises.
    • Make all reasonable efforts to keep common areas of rental premises in a clean and proper condition.
    • Provide and maintain the following items in rental premises in good and safe working condition, if provided on the premises at the time the rental agreement is entered into Electrical systems and plumbing systems sufficient to accommodate a reasonable supply of hot and cold running water at all times, Sanitary systems, Heating, ventilating, and air conditioning systems, Elevators, if provided, Appliances supplied as an inducement to the rental agreement.
    • A heating system must be sufficient to adequately supply heat at all times.
  • Tenant Obligations: A tenant shall do the following: (IC 32-31-7-5)
    • Comply with health and housing codes.
    • Keep the premises clean.
    • Use the following in a reasonable manner: Electrical systems, Plumbing, Sanitary systems, Heating, ventilating, and air conditioning systems, Elevators, if provided, Facilities, and appliances of the rental premises.
    • Refrain from defacing, damaging, destroying, impairing, or removing any part of the rental premises.
    • Comply with Lease Rules and Regulations.
    • Maintain Smoke Detectors.
  • Move-Out Condition: At the termination of a tenant’s occupancy, the tenant shall deliver the rental premises to the landlord in a clean and proper condition, except for ordinary wear and tear expected in the normal course of habitation of a dwelling unit. (IC 32-31-7-6)
  • Smoke Detectors: At the time a landlord delivers a rental unit to a tenant, the landlord must get the tenant to acknowledge in writing that the rental unit is equipped with a functional smoke detector. (IC 32-31-5-7)
  • Flooding Disclosure: For leases entered into or renewed after June 30, 2009, if a dwelling unit is in a 100-year floodplain, the landlord shall provide notice in the dwelling unit rental agreement that the dwelling unit is located within the floodplain. (IC 32-31-1-21)
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet (pdf) on lead-based paint hazards.
  • Retaliation: No Statute

Court & Legal Related:

Business Licenses:

  • Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

Helpful Links

State Agencies & Regulatory Bodies

 

Housing Authorities

Realtor and Landlord/Tenant Associations

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