In the Hoosier state, tenants and landlords must comply with state rental laws. Indiana's laws apply to a range of topics, including habitable housing, security deposits, evictions, and more. This article will cover some of the most important laws landlords in Indiana need to know to conduct compliant business and facilitate respectful relationships with tenants.
You can find Indiana's landlord-tenant laws on the Indiana General Assembly website (the majority are in Code Title 32, Article 31). These laws are subject to change over time, and the summary provided in this article isn't exhaustive. Thus, it's imperative you do your own research before implementing your policies—and seek legal advice if you have specific questions regarding landlord-tenant disputes. Violating applicable laws could result in lawsuits, fines, and other penalties.
Furthermore, it's important to keep in mind this article only covers Indiana's state laws. Specific cities and areas in the state may have their own laws, some of which may be stricter than those Indiana enforces at the state level. Thus, be sure to familiarize yourself with any of those laws as well.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.
NEW! 2025 Indiana Rental Laws
Indiana SB0232: Landlords can only manage rental properties in the state if they: (1) are authorized to do business in Indiana; (2) maintain an office at one or more physical locations in Indiana; or (3) appoint an Indiana licensed real estate broker or broker company to manage the rental property.
Indiana Quick Facts
Indiana Required Disclosures
Lead-based paint Landlord/agent ID Smoke detector Flood zone Water and sewage disposal services
Indiana Rent and Fees
Application Fees: Permitted Rent Control: Banned Late Fee Limit: N/A Grace Period Minimum: N/A
Indiana Security Deposits
Amount Limit: N/A Interest: N/A Return Within: 45 days
Indiana Fair Housing Protections
Race Color National origin Religion Sex Familial status Disability
Indiana Landlord Entry
Notice: Reasonable Permitted Times of Entry: Reasonable
Indiana Eviction Notices
Rent Demand Notice: 10-day pay-or-quit notice Notice for Lease Violation: Reasonable cure-or-quit notice Unconditional Notice to Quit: 45-day quit notice
Rights and Responsibilities of Indiana Landlords and Tenants
Indiana landlords and tenants each have rights and responsibilities under the law. The lease agreement is the first document you should go to with questions about either party's obligations or rights. However, lease terms are only enforceable if they comply with federal, state, and local laws. For landlords, ensuring your leases meet legal regulations is critical to fostering good landlord-tenant relationships, tenant retention, and overall satisfaction.
Below is a brief overview of the rights and responsibilities of both landlords and tenants in Indiana.
Indiana landlords have the right to:
Collect rent as detailed in the lease or rental agreement.
Raise rent with at least 30 days' written notice on month-to-month leases (you must typically wait until the end of a lease term if it's a fixed-term lease).
Require and hold a security deposit throughout the lease term. While Indiana law does not limit security deposits, it's wise to assess market rates and charge only a reasonable amount.
Deduct unpaid rent, excessive damages, or other fees from the security deposit at lease termination.
Screen potential tenants before approving them for rental.
Enter the unit for legitimate reasons (e.g., inspections, repairs, or showings).
Begin eviction proceedings if a tenant fails to pay rent, breaks the law on the premises, or violates the lease agreement.
Set and enforce lease terms regarding pets, guests, parking, and other policies, as long as they comply with Indiana landlord-tenant laws.
Addressing maintenance and repair requests within a reasonable timeframe. "Reasonable" usually means within 24-48 hours for urgent issues and 30 days for non-urgent repairs.
Following fair housing laws. Landlords must comply with the federal Fair Housing Act (FHA) when screening tenants, advertising rentals, or adjusting rent.
Giving reasonable notice before entering a unit. Indiana requires landlords provide reasonable (typically thought of as at least 24 hours’ notice), except in the case of emergencies.
Maintaining shared spaces. This includes hallways, parking areas, sidewalks, and other common areas in multi-unit properties.
Paying property taxes and insurance. While these costs may be factored into rent, landlords are responsible for ensuring timely payments and coverage.
Adhering to Indiana's eviction process. Landlords cannot remove tenants without a court order.
Returning security deposits within 45 days of lease termination, provided there are no deductions for justifiable damages or overdue rent.
Indiana tenants have the right to:
Safe and habitable housing, with functioning utilities and appliances, free from hazards like pests, mold, and structural damage.
Legal action against landlords for misconduct, such as negligence, harassment, or discrimination.
Timely maintenance and repairs, with urgent issues addressed promptly.
Privacy and security, including working locks and protection from landlord entry without proper notification.
Advance notice before rent increases, lease terminations, evictions, or landlord entry.
“Peaceful enjoyment” of the rental, meaning they can live without unreasonable interference from landlords or neighbors.
Protection from retaliatory evictions. Landlords cannot evict tenants for asserting their rights, filing complaints, or reporting unsafe conditions.
Indiana tenants are responsible for:
Paying rent on time, including late fees and any required utility payments.
Following all lease terms if they comply with Indiana law.
Keeping the rental clean and in good condition, including proper sanitation and trash disposal.
Promptly reporting maintenance issues, particularly for urgent repairs.
Ensuring smoke detectors work, and doing things like replacing smoke detector batteries, as necessary.
Covering damage caused by their own negligence or that of their visitors.
Using the property for its intended purpose. Residential units cannot be used for unauthorized business activities.
Indiana Required Disclosures
Required disclosures are notices landlords are legally obligated to provide for tenants, typically in the lease agreement. These disclosures often center on potential hazards related to the property, the landlord's policies, or legal rights of the tenant.
Here are several key disclosures in Indiana:
Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Landlord/Agent Identification (IC § 32-31-3-18). The landlord must disclose and provide in writing the name and address of a person who lives in Indiana and is authorized to manage the dwelling unit, as well as the person authorized to receive notices. This is typically done in the lease agreement for the rental unit.
Smoke Detector (IC § 32-31-5-7). At the beginning of each tenancy, landlords are required to provide a written notice that the rental unit has a working smoke detector. This disclosure may be provided within Indiana lease agreements. The tenant is also required to acknowledge, in writing, that the unit has a working smoke detector.
Flood Zone (IC § 32-31-1-21). Landlords who own properties in which the lowest floor or basement is at or below the 100-year frequency flood elevation, the landlord must disclose that the structure is located in a flood plain in the rental agreement.
Water and Sewage Disposal Services (IC § 8-1-2-1.2). Landlords must disclose to each new tenant the water or sewage disposal services provided. It should also include an itemized statement of the fees charged, as well as the following statement: “If you believe you are being charged in violation of this disclosure or if you believe you are being billed in excess of the utility services provided to you as described in this disclosure, you have a right under Indiana law to file a complaint with the Indiana Utility Regulatory Commission. You may contact the Commission at (insert phone number for the Commission).”
Although Indiana does not have statewide rent control laws, the Hoosier state still has laws that regulate how rent and fees need to be collected. Here are several to keep in mind:
Rent Payments
Due Date: Rent is due on the date specified in the rental agreement.
Rent Increases: There is no statewide rent control in Indiana. In fact, localities are prohibited from regulating rental rates (IC § 32-31-1-20).
Grace Period: There is no mandatory grace period to pay rent in Indiana.
Fees
Application Fees: Fees for an Indiana rental application are not regulated.
Late Fees: There are no statutory limits on late fees in Indiana.
NSF/Bounced Check Fee Maximum: If a tenant's rent check bounces, the landlord may charge a fee of $25 (IC § 24-4.5-7-202).
Tenant Remedies
Withholding Rent/Repair and Deduct: Indiana law does not allow renters to withhold rent or repair and deduct if the landlord fails to supply services.
Indiana Security Deposit Laws
Security deposits are regulated in every state. The extent to which they are regulated varies, though. States typically govern how much landlords can charge, where they can be stored, and how they must be returned to tenants. Below are the key things to know about Indiana security deposits:
Deposit Limit: There is no limit on security deposit amounts in Indiana.
Interest: No state statute requires Indiana landlords to pay interest on security deposits.
Deposit Location: No state statute requires Indiana landlords to store security deposits in a particular manner.
Withholding: Landlords may withhold funds from the security deposit for unpaid rent, unpaid utility or sewer charges, or damages due to the tenant’s noncompliance with the rental agreement. The landlord must also provide an itemized list of deductions in a written notice to the tenant (IC § 32-31-3-12).
Indiana Tenant Screening and Fair Housing Protections
What actions are considered housing discrimination?
Tenants have legal protection against unfair housing practices in every state. The federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits discrimination in all aspects of housing. Housing discrimination occurs when landlords engage in discriminatory practices when:
Accepting or denying tenant applications
Choosing the methods they will use to screen tenants
Advertising units
Writing listings
Deciding to increase rent
Allocating rent credits or discounts
Providing maintenance and service to the property
Evicting tenants
etc.
What are the protected classes in Indiana?
The FHA specifically protects tenants from discrimination based on these seven protected classes. Landlords cannot use a tenant's membership in any of the following protected classes to justify housing decisions:
Race
Color
Religion
Gender
National origin
Familial status
Disability
Indiana state law does not add any additional protected classes, but it does reaffirm the the federal protections (IC § 22-9.5-5-1).
Use of Credit Reports
Indiana landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Use of Criminal Histories
The use of criminal background checks during tenant screening in Indiana is not regulated. However, Indiana landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Indiana does not have a plethora of laws governing how or when a landlord can enter a unit. That said, most landlords give at least 24 hours' notice for non-emergency entry.
Advanced Notice: Landlords in Indiana must give tenants reasonable written or oral notice before entering the dwelling unit (IC § 32-31-5-6(g)).
Permitted Times: According to Indiana landlord responsibilities, landlords may only enter a tenants’ dwelling unit at reasonable times (IC § 32-31-5-6(g)).
Emergency Entry: There are no laws in Indiana regarding emergency entry without notice; however, entry during emergencies is generally permitted.
Indiana Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. Landlord and tenant responsibilities must be followed. For property owners, one important obligation is to provide proper notice for the eviction according to reason for the eviction. Before pursuing eviction in Indiana, consider hiring an experienced real estate attorney and be sure to review the Indiana eviction process in more detail.
If you do decide to pursue an eviction, the first step is to send a formal, written eviction notice. Below are Indiana's required eviction notices, which vary depending on the circumstance of the eviction:
Rent Demand Notice: 10 days to pay or quit (IC § 32-31-1-6). Landlords should include the following notice for nonpayment of rent: “To (insert name of tenant here): You are notified to vacate the following property not more than ten (10) days after you receive this notice unless you pay the rent due on the property within ten (10) days: (insert description of property here)."
Notice for Lease Violation: If a tenant violates the lease agreement, the landlord must provide them with a Notice to Cure or Quit and a reasonable period to fix the violation before filing for eviction (IC § 32-31-7-7).
Unconditional Notice to Quit:45 days to quit. This notice provides no opportunity to cure the violation and applies when the tenant commits a public nuisance or illegal activity on the premises (IC § 32-30-8-5).
Squatters are individuals who move into a property without permission from the owner. Evicting squatters in Indiana, while sometimes more complicated, often requires undergoing the entire eviction process. Before evicting a squatter in Indiana, be sure to review the relevant statutes and seek advice from a real estate lawyer. Never try to remove a tenant or a squatter on your own.
The median rent rate in Indiana is $1,375 as of March 2025.
The median rent rate in Indianapolis is $1,475 as of March 2025.
According to Indiana tenant laws, tenants are responsible for replacing batteries in smoke detectors and ensuring that they are in proper working condition.
Conclusion
Understanding Indiana's landlord-tenant laws is essential for running a smooth rental business, whether you own property in Bloomington, Indianapolis, or somewhere else in the state. Staying informed about security deposits, maintenance obligations, and eviction procedures can help you avoid legal issues and keep your rentals running efficiently. By following Indiana's regulations, you can protect your investment while maintaining positive relationships with your tenants.
FAQs
Does Indiana require written leases?
No, written lease agreements are not required in Indiana, as oral leases are legally valid. However, written leases are strongly recommended, especially for leases lasting longer than one year. A written lease helps clarify the terms and protects both the landlord and tenant in case of disputes.
What can I do if a tenant fails to pay rent on time in Indiana?
In Indiana, if a tenant fails to pay rent on time, the landlord can begin the eviction process after giving a 10-day notice for non-payment. This notice informs the tenant that they have 10 days to pay the rent or face eviction proceedings. If the tenant still does not pay after 10 days, the landlord can file an eviction lawsuit in court.
What are my maintenance responsibilities as a landlord in Indiana?
Landlords in Indiana are required to keep rental properties habitable. This includes ensuring the property meets building and health codes, making necessary repairs, and maintaining common areas. The landlord must also respond promptly to any issues that impact the tenant's health and safety.
