An Indiana lease agreement is a legally binding document between a landlord who rents property and a tenant who is charged a monthly rent for it. Before occupancy can occur, the tenant may be required to cover a security deposit.
The contract should outline the agreed-upon lease terms, which typically include the property address and description, landlord and tenant information, payment terms, disclosures regarding potential hazards, or pet prohibitions.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: No.
- Late Fees in Rental Agreement: Yes.
- Grace Period: No.
- License Required for Landlord: No.
By Type (6)
Standard Lease Agreement
Allows a tenant to enter into an agreement to lease a landlord’s residential property.
Month-to-Month Rental Agreement
Use to allow residents to choose to inhabit a property on a month-to-month basis, without being tied to a long-term commitment.
Commercial Lease Agreement
Outlines the terms and conditions of a rental arrangement between a landlord and a business.
Room Rental Agreement
Details the living arrangement between a primary tenant and a subtenant renting a single room.
Sublease Agreement
Provides the subtenant with the authorization to lease either the entirety or a portion of the rented property for a defined duration.
Rent-to-Own Lease Agreement
Grants tenants the exclusive option to purchase the property before the lease concludes.
Required Lease Disclosures
When executing a lease agreement, Indiana law requires that landlords provide the following disclosures [1] :
- Identification. The landlord and all parties authorized to manage the property must provide contact details [2] .
- Disclosure of Flood Hazard Area is necessary for lease agreements after June 30, 2009 [3] .
- Carbon Monoxide & Smoke Detector Addendum. The tenant must acknowledge in writing that the property has a functional smoke detector [4] .
- Disclosure of Lead-Based Hazards must be attached if a property was built prior to 1978 [4] .
Security Deposit
- Maximum Amount: No state-mandated cap.
- Receipts: Not required.
- Interest Payments: Not applicable.
- Bank Account: No specific requirement.
- Returning Requirements: Within 45 days of lease termination [5] .
- Itemized List: Landlords must give tenants an itemized list of damages and repair costs from the security deposit within 45 days after lease ends [5] .
- Withholding Rules: Landlord can withhold for damage beyond normal “wear and tear” [6] .
Rent Payments
- Laws: Rent is payable on the specified date in the lease agreement.
- Rent Control: No state-wide rent control. Rent is primarily determined by landlords and the market, but may be affected by local regulations and state preemption laws.
- Late Fees: Not mentioned in statutes.
- Grace Period: No required grace period.
- Withholding Rent: Withholding rent without cause can lead to legal disputes.
Landlord Right of Entry
- Notice Requirements: Landlords must give tenants advanced notice before entering a leased premises. A landlord can enter the property without notice if an emergency endangers the occupants or property [7] .
- Keys, Locks, and Security: Landlords are required to change the locks upon the tenant’s request within 48 hours of receiving a court order for protection and provide the new keys to the tenant [8] .
Property Repairs
- Landlord Responsibilities: Landlords must keep rental properties safe, clean, and in compliance with health and housing codes, including making necessary repairs to ensure the property remains habitable [9] .
- Tenant Repairs: Tenants must keep their rental units safe and clean, avoiding or allowing any deliberate or negligent damage to the property [10] .
- Abandonment: A rental unit is deemed abandoned if tenants stop paying rent and seem to have vacated, permitting landlords specific actions except for utility interference. Tenants cannot disrupt services and must permit landlord entry for certain reasons under specific conditions [11] .
Terminating a Lease
- Month-to-Month Tenancy: Month-to-month tenancies in Indiana can be terminated by either the landlord or tenant by providing a 30-day notice prior to the intended move-out date [12] .
- Unclaimed Property: A landlord can remove and store a tenant’s abandoned personal property, without liability, if deemed abandoned under the law or after obtaining a court order [13] .
Sample
The Indiana lease agreement template below defines all necessary rental terms.
