A summary of Indiana Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.
Required Disclosures (by Landlords)
Owner or Agent Information: Usually written in the lease agreement, the name and address of the person living in Indiana who is authorized to manage the property and act as the owner’s agent (or the owner may act alone) must be disclosed in writing. (Ind. Code Ann. § 32-31-3-18)
Security Deposit Limit
There is no state statutory limit on security deposits.
Deadline for Returning Security Deposit
The security deposit must be returned within 45 days after the tenant has surrendered the property.
Small Claims Lawsuits
Action may be filed in small claims court for the return of a deposit or other monetary disputes between landlords and tenants as long the amount of relief doesn’t exceed $6,000.
Late Fees
Indiana state law does not cover late fees. The lease agreement must mention late fees in order for them to be enforceable.
Increasing Rent
At least a 30 day written notice must be given to increase rent or change another term of a month-to-month term. Longer term lease agreements must make mention of an increase or none can be legally enforced.
Termination and Eviction
An immediate notice to quit and vacate or face eviction may be served on a tenant who holds over at the end of a lease or on those tenants without a lease that are committing waste (damaging the property). Unconditional quit notices may also be used for general lease violations.
Access to Property
The law simply states that “reasonable” notice must be given to the tenant in order to access the property to inspect, improve, repair or show the property.
Domestic Violence
The court may issue a temporary restraining order that grants temporary possession of property to either abuser or victim.
Indiana Lease Agreement
See Indiana Residential Lease.
Indiana Landlord-Tenant Law Statutes
Indiana Code Ann. §§ 32-31-1-1 to 32-31-9-15.