Landlord Guide to Renting in Indiana

Indiana permits both written and oral lease agreements. However, leases for a term of three years or more must be in writing under the Indiana Statute of Frauds (IC 32-21-1-1). Written leases should set out the rental amount, payment schedule, lease term, deposit terms, and the responsibilities of each party.

• Leases of three years or longer must be in writing (IC 32-21-1-1)
• Month-to-month tenancies are created when no fixed term is specified or the lease expires without renewal
• Landlords should provide tenants with a copy of the signed lease agreement
• Lease provisions that conflict with Indiana statute may be void and unenforceable

Indiana does not impose a statutory maximum on security deposit amounts, and there is no requirement to hold deposits in a separate or interest-bearing account. However, the deposit return timeline and itemization rules under IC 32-31-3 must be strictly followed.

• No statutory cap on security deposit amounts
• No requirement to hold deposits in a separate or interest-bearing account
• Deposits must be returned within 45 days after the tenancy ends (IC 32-31-3-12)
• Landlords must provide an itemized list of damages and estimated repair costs with any withheld amount

Indiana landlords must provide certain disclosures at or before the start of a tenancy. Both state and federal requirements apply.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Disclosure of the name and address of the property owner and any management agent (IC 32-31-3-18)
• Disclosure of known flooding or water damage issues if the property lies in a floodplain
• Smoke detector and carbon monoxide alarm compliance (IC 22-11-18 and IC 36-8-24)

Rent is due on the date specified in the lease agreement. Indiana does not require a mandatory grace period for late rent. Landlords may charge late fees if the lease includes such a provision, and the fee must be reasonable.

• No statutory grace period — rent is due on the date stated in the lease
• Late fees are permitted if stated in the lease and are reasonable
• Landlords may specify accepted payment methods in the lease
• A 10-day written notice to pay or vacate is required before filing for eviction for nonpayment (IC 32-31-1-6)

Under IC 32-31-8, Indiana landlords have an obligation to maintain the rental premises in a safe, clean, and habitable condition. The landlord must comply with all applicable building and housing codes and make timely repairs after receiving written notice from the tenant.

• Maintain the premises in a safe, habitable condition (IC 32-31-8-5)
• Comply with all applicable building, housing, and health codes
• Provide functioning plumbing, electrical, heating, and hot water systems
• Make repairs within a reasonable time after receiving written notice from the tenant

Indiana does not have a specific statute setting a minimum notice period for landlord entry. Courts generally expect landlords to provide reasonable notice (typically 24 hours) and to enter at reasonable times for legitimate purposes.

• No specific statutory notice period — 24 hours is the commonly accepted standard
• Entry should be at reasonable times for lawful purposes
• Permitted purposes include repairs, inspections, and showing the unit to prospective tenants or buyers
• No notice is required in genuine emergencies

Indiana has no rent control laws. Landlords may increase rent by any amount at the end of a lease term. For month-to-month tenancies, the landlord must provide at least 30 days' written notice before a rent increase takes effect.

• No state or local rent control
• 30 days' written notice required for rent increases on month-to-month tenancies
• Rent cannot be increased during a fixed-term lease unless the lease expressly allows it
• Rent increases may not be retaliatory against tenants who exercise their legal rights (IC 32-31-9)

Indiana notice requirements depend on the type of tenancy and the reason for termination. Fixed-term leases generally expire at the end of the stated term.

• Month-to-month tenancy: 30 days' written notice by either party (IC 32-31-1-1)
• Week-to-week tenancy: at least 7 days' notice
• Fixed-term lease: terminates at the end of the lease term without notice
• Nonpayment of rent: 10-day written notice to pay or vacate (IC 32-31-1-6)

Evictions in Indiana are handled through an ejectment or possession action filed in the appropriate court (IC 32-31-1 et seq. and IC 32-30-3). The landlord must provide the required statutory notice before filing a complaint.

• Serve the required notice (10-day notice for nonpayment under IC 32-31-1-6)
• File a complaint for possession in small claims court (for amounts up to $10,000) or circuit/superior court
• The tenant is served and may appear to contest the action
• If the court rules for the landlord, a writ of possession is issued and enforced by the sheriff

Under IC 32-31-3-12, landlords must return the security deposit within 45 days after the tenancy ends and the tenant provides a forwarding address. An itemized list of damages and estimated or actual repair costs must accompany any withheld amount.

• Return deadline: 45 days after the tenancy ends (IC 32-31-3-12)
• Tenant must provide a forwarding address in writing
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, costs to restore the unit
• An itemized statement of damages and amounts must accompany any withheld portion