Indiana Landlord Tenant Laws
January 17, 2023
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|Required Disclosures |
Water and sewage disposal services
Rent and Fees
Application Fees: Permitted
Rent Control: Banned
Late Fee Limit: N/A
Grace Period Minimum: N/A
Amount Limit: N/A
Return Within: 45 days
|Fair Housing Protections |
Permitted Times of Entry: Reasonable
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
Indiana Landlord-Tenant Law
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.
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.
At the beginning of each tenancy, landlords are required to provide a written notice that the rental unit has a working smoke detector. The tenant is also required to acknowledge, in writing, that the unit has a working smoke detector.
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
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).”
Rent and Fees
- Rent Due Date: Rent is due on the date specified in the rental agreement.
- Application Fees: Fees for an Indiana rental application are not regulated.
- Rent Increases: There is no statewide rent control in Indiana. In fact, localities are prohibited from regulating rental rates (IC § 32-31-1-20).
- Late Fees: There are no statutory limits on late fees in Indiana.
- Grace Period: There is no mandatory grace period to pay rent 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).
- 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.
- 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.
- Return Within: 45 days (IC § 32-31-3-12).
- 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).
Tenant Screening and Fair Housing Protections
- Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Indiana state law reaffirms these protections (IC § 22-9.5-5-1).
- 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.
- The use of criminal background checks during tenant screening in Indiana is not regulated.
- 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.
- 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.
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Indiana, consider hiring an experienced real estate attorney and be sure to review the Indiana eviction process in more detail.
- 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).
Other Laws and Facts About Indiana
- The median rent rate in Indiana is $1,395.
- The median rent rate in Indianapolis is $1,450.
- According to Indiana tenant laws, tenants are responsible for replacing batteries in smoke detectors and ensuring that they are in proper working condition.