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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
According to Indiana law, both the landlord and the tenant are required to declare their rights and obligations at the time a renter signs a lease agreement. This legislation ensures both parties understand what they can and cannot do during the tenancy.
Article 31 of Indiana Code Title 32 contains the general laws governing landlord-tenant relationships in Indiana.
Below is an overview of the most common rights and duties of landlords and tenants in the state of Indiana.
Are landlords in Indiana required to give notice before entering the property?
According to Indiana landlord laws, landlords are required to give renters early notice, either written or oral, to allow them to enter the rental property for non-emergency purposes. There is no specified notice period for this, however, it is expected that landlords should give ‘reasonable notice’ and only enter the building during reasonable hours.
Indiana does not have any law governing unannounced emergency entry; however, entry during an emergency is normally allowed in Indiana.
Are landlords in Indiana allowed to enter the property to conduct maintenance and repairs?
Yes. If they give the renter enough notice, landlords in Indiana are permitted to access the property to do maintenance and repairs. Tenants are also not allowed to prevent landlords from entering rental property to carry out previously agreed-upon repairs.
In Indiana, there is no legal cap on the amount of late fees that a landlord can impose. However, the fee is expected to be reasonable.
Furthermore, Indiana law does not mandate that landlords allow their tenants an extension of time to pay their rent before charging a late fee. This implies that as soon as the rent is due, landlords are able to begin collecting late fines.
Sources
SECTION 2
There are no rent control laws in Indiana. However, while landlords can raise rent for any reason, landlords are not allowed to do so if it is deemed retaliatory or discriminatory. Nor can they raise the rent in the middle of a lease unless the terms of the lease agreement specify so.
Indiana rent increase laws require landlords to give adequate notice to tenants before increasing their rent.
Generally, landlords are required to give written notice of any increases in rent at least thirty days in advance of the change. (IC 32-31-5-4)
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Source: Vesperini, I. (n.d.). Should Indiana have rent control laws?. News - Indiana Public Media.
SECTION 3
In Indiana, rental agreements can be written or oral, but for leases over 12 months, they must be documented in writing. Indiana law also requires leases over three years to be sent in to the recorder’s office in written form.
There are no specific clauses that need to be added to rental agreement in Indiana, the lease is expected to feature certain details such as the lease term, landlord and tenant contact information, and rent payments. Indiana is also unique in that it allows landlords to add new clauses or terms to a lease during the tenancy as long as the landlord provides 30 days’ notice.
An Indiana lease agreement should have the following essential elements:
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Source: STATE OF INDIANA RESIDENTIAL LEASE Contract - IN.gov
SECTION 4
The state of Indiana permits landlords to demand a security deposit from tenants to cover unexpected costs and potential damage. However, there are several laws that regulate the collecting, holding, use, and return of security deposits in Indiana.
Indiana does not have a cap on how much a landlord can charge as a security deposit. As a result, landlords in Indiana are free to set their own prices. Yet, there might be certain limitations on how much landlords can charge due to county and city restrictions. (IC 32-31-3-12)
Indiana's security deposit statute allows the landlord to ask for an additional sum to be used as a pet deposit. The purpose of this deposit is to cover any damages that may arise from an animal that the tenant brings onto the property.
However, people with disabilities who depend on service and emotional support animals are exempted from this charge.
According to Indiana security deposit laws, a landlord may deduct from the tenant's security deposit for certain reasonable fees and expenses after the lease time has finished or the lease has been terminated prematurely. Among them are the following:
Indiana does not mandate landlords to store a tenant’s security deposit in a specific way.
Landlords have 45 days to reimburse the security deposit to the tenant if there’s any amount remaining at the end of the lease agreement. (IC 32-31-3-12)
If any deductions were made, the landlord is also required to send an itemized account of damages to the renter's mailing address within that 45 day period. (IC 32-31-3-14)
However, if the tenant did not provide their written forwarding address, the deadline will not apply.
Indiana landlords are exempt from paying interest on deposits. Landlords, however, are permitted to mix the deposit with other assets. Combining deposits with other assets is not advised though, since this may lead to confusion.
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Source: Indiana Code | Chapter 3 - SECURITY DEPOSITS
SECTION 5
In Indiana, as in many other jurisdictions in the United States, a landlord cannot evict a tenant on their own. Tenants have the rights to the property specified in the lease even though they have signed it, unless they engage in any of the following:
In the absence of a contract, Indiana law normally mandates that landlords give their tenants due process via written notice prior to initiating the eviction process.
It is legally essential for landlords to provide renters a notice to comply before bringing an eviction case before the court. The eviction process typically takes between 10 and 90 days from the date the notice to vacate/quit is issued before it can be started.
Here is an overview of Indiana notice to quit requirements, which is based on tenancy type:
Even though there are numerous steps, Indiana's eviction procedure is quite simple. Here is a comprehensive overview of how Indiana eviction process works:
After serving the tenant with a written notice and giving them the opportunity to reply, the landlord can start the eviction process. This could be an instant quit notice for major breaches, a cure or quit notice for lease violations, or a notice for nonpayment of rent, depending on the circumstances.
Landlords are required to pay any filing fees and file an eviction lawsuit in the appropriate county court following notification. From this point on, the tenant has between 10 and 90 days from the day the notice was sent to leave.
A court representative will usually deliver a summons to the tenant for the court hearing after a complaint has been filed. Tenants are not required to reply.
A judge will hear the cases from both parties and provide a decision. In the event that the tenant prevails, the rental agreement is upheld and they are not forced to vacate. On the other hand, a Writ of Execution is issued the same day, or a few days later if needed, in the event that the landlord prevails in court.
A sheriff must show up on the property to evict the tenant if they haven't left by the time specified in their Writ of Execution.
If the renter leaves behind personal property, the landlord can store the items in a storage unit but only after obtaining a court order to remove or dispose of them. After that, they can pay for the storage container and let the tenant know to pick up their belongings in ninety days. The storage facility has the right to sell or hold an auction for the tenant's belongings if they are not collected.
Source: (IC § 32-30-3, 32-30-8, and 32-31-10)
SECTION 6
The state of Indiana regulates the use of rental applications with several state and federal laws. Indiana rental applications that violate any of these laws can put the owner at risk of being sued by the applicant.
There is no caps on the amount landlords in Indiana can charge for a rental application. Additionally, it’s important to note that the application fee—regardless of its amount—is considered non-refundable.
Landlords must be careful to avoid discriminatory practices when collecting applications and screening tenants in Indiana. Discrimination based on race, color, nationality, religion, sex, familial status, handicap, or criminal history is also prohibited by the Fair Housing Act (FHA). Therefore, landlords are not permitted to request any of this information during Indiana rental applications or to take them into consideration when making decisions.
Additionally, Indiana landlords are required to notify prospective tenants of the screening standards and the grounds for acceptance or rejection. To this effect, a signature of acknowledgment must be included with the application or attached to it as proof that these details were disclosed.
The Federal Credit Reporting Act (FCRA) also requires Indiana landlords to get written approval from a prospective tenant before conducting a credit history check.
To ensure the verification process is as efficient as possible, landlords in Indiana must include certain essential information on their rental application form. The following are some details that a landlord ought to ask a prospective tenant:
Additionally, a typical rental application requires the landlord to provide a number of legal disclosures. They have to provide details on:
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Source: IC 32-31-7, Federal Credit Reporting Act, Fair Housing Act
SECTION 7
Regarding breaching a lease, tenants in Indiana are subject to particular rights and obligations that are determined by the state's landlord-tenant legislation and lease agreements.
Tenants should carefully read their lease agreement's provisions addressing early termination and be aware of the associated legal ramifications. The duties of tenants with regard to providing notice to the landlord and meeting any financial obligations upon lease termination are likewise outlined by Indiana law.
The notice requirements to end a rental lease in Indiana depend on the tenancy type. Tenants on a fixed-term lease can only terminate the lease without giving written notice on the last day of the lease.
However, those who have a periodic lease must give one of the following two types of notice:
According to Indiana law, there are justifiable grounds for tenants to break a lease, such as early termination clauses and problems relating to the state of the rental property. Some of these include:
Tenants on active military service have the legal right to break a lease without incurring penalties or repercussions under Indiana law and the Servicemembers Civil Relief Act (SCRA). The aforementioned provisions are intended to mitigate the extra strain and difficulties that service members frequently encounter as a result of deployments or relocations.
Tenants who have experienced domestic or sexual abuse are legally permitted to end their lease without facing penalties in Indiana. However, they are required to give written notice to the landlord and provide supporting documentation, such as a police report or protective order to prove their claim.
As per Indiana law, if a landlord keeps their rental property habitable, the tenant has the legal right to end a lease agreement. This law aims to protect the safety and well-being of the tenant when living conditions become intolerable.
Tenant protection laws in Indiana forbid landlord harassment, which can take the form of persistent, unjustified disturbances, threats, or disruptions to the tenant's peaceful enjoyment of the rented property.
In addition, it is illegal for a landlord to violate a tenant’s privacy in ways like forcing entry into their apartment or conducting invasive surveillance.
Source: Indiana Code § 32-31-9-12, CHAPTER 8. TERMINATION Introduction - HUD, Servicemembers Civil Relief Act.
SECTION 8
Below are some Indiana HOA laws that govern the creation and operation of HOAs in the state.
This statute, which is contained in Indiana Code 32-25.5, governs the formation, management, power, and operation of homeowner associations established after June 30, 2009. It also gives these organizations the right to charge their members mandatory dues.
Provided that every member of the homeowners association decides in favor of it, organizations founded prior to this date may be covered by this law.
The Indiana Condominium Act governs condominium associations in Indiana and addresses its establishment, management, operations, and powers.
All nonprofits must abide by the corporate form and operating criteria specified in this Act. In Indiana, the majority of HOAs are set up as nonprofit organizations.
This law prohibits discrimination against homeowners on the basis of any of the following: race, religion, color, sex, national origin, familial status, or any combination of these. It provides protection at the state level akin to that of the federal Fair Housing Act (FHA).
Sources:
SECTION 9
Before a person can gain Indiana squatter's rights through adverse possession, they are required to have:
Unlike other states in the U.S., Indiana does not require squatters to obtain "Color of Title" in order to file an adverse possession claim. However, they are expected to fulfill an additional four standards set down by the Indiana Supreme Court in addition to the aforementioned requirements.
It's important to note that these requirements are called hostile possession, exclusive possession, continuous possession, actual possession, and open and notorious possession in other states.
Source: IC § 32-21-7-1, IC §34-11-2-11.
SECTION 10
Below, you’ll find some helpful Indiana landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
