Indiana Rental Laws

Written on March 22, 2014 by , updated on November 14, 2017

Flag of IndianaThis article summarizes some key Indiana Landlord-Tenant laws applicable to residential rental units.

The Official State Statutes and other reputable municipal sources were used to research this information. All sources are cited appropriately.

With that said, landlord-tenant laws are always changing and you have a responsibility to perform your own research when applying the laws to your unique situation.

If you have a legal question or concern, I only recommend contacting a licensed attorney-referral service that is operated by the state bar association.

Official Rules, Regulations & Guides

Security Deposit:

  • Security Deposit Maximum: No Statute (IC 32-31-3-12)
  • Deadline for Returning Security Deposit: 45 days (IC 32-31-3-12)
  • Allowable Deductions: Landlord is allowed to deduct from the security deposit: (IC 32-31-3-12)
    • for the payment of accrued rent;
    • for reimbursement of actual damages that are not the result of ordinary wear and tear;
    • for the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant’s noncompliance with law or the rental agreement; and
    • for any unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement.
  • Security Deposit Interest: No Statute
  • Separate Security Deposit Bank Account: No Statute
  • Nonrefundable Fees: No Statute
  • Application Fees: No Statute. Use Cozy to avoid having to charge application fees.
  • Pet Deposits and Additional Fees: No Statute
  • Itemized List of Move-Out Damages and Charges: Within 45 days of termination of occupancy, the landlord must deliver an itemized list of damages with money order for the difference between the damages claimed and the amount of the security deposit held by the landlord. The itemized list shall include: (IC 32-31-3-14)
    • the estimated cost of repair for each damaged item; and
    • the amounts and lease on which the landlord intends to assess the tenant.
  • Record Keeping of Deposit Withholdings: No Statute
  • Failure to Comply: 
    • Failure by a landlord to provide notice of damages constitutes agreement by the landlord that no damages are due, and the landlord must remit to the tenant immediately the full security deposit. (IC 32-31-3-15)
    • A landlord who fails to itemize the damages is liable to the tenant in an amount equal to the part of the deposit withheld by the landlord plus reasonable attorney’s fees and court costs. (IC 32-31-3-16)

Lease, Rent & Fees:

  • When Rent Is Due: No Statute
  • Rent Increase Notice: 30 days (IC 32-31-5-4)
  • Rent Grace Period: No Statute
  • Late Fees: No Statute
  • Prepaid Rent: No Statute
  • Returned Check Fees: $25 (IC 24-4.5-7-202) I recommend using Cozy to collect rent online.
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No Statute
  • Tenant Allowed to Repair and Deduct Rent: No Statute
  • Landlord Allowed to Recover Court and Attorney Fees: Yes (IC 32-31-7-7)
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages Caused by Lessee: No Statute
  • Abandonment of Personal Property:
    • Landlord can remove the tenants’ abandoned personal property with a formal writ of possession (court order), and relocation the property to an approved storage facility. (IC 32-31-4-2)
    • A landlord may not take possession of, remove from a tenant’s dwelling unit, deny a tenant access to, or dispose of, tenant’s personal property in order to enforce an obligation of the tenant to the landlord under a rental agreement. (IC 32-31-5-5)

Notices & Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. No notice is needed as the lease simply expires. (IC 32-31-1-8)
  • Notice to Terminate Tenancy – Year-to-Year Lease: Three Months (IC 32-31-1-3)
  • Notice to Terminate Tenancy – Month-to-Month Lease: One Month (IC 32-31-1-1)
  • Notice of Termination of a Lease for Nonpayment: 10 Days, but tenant may pay the rent in full before the notice period expires, in order to stay. (IC 32-31-1-6)
  • Termination for Lease Violation: No Statute
  • No Notice to Quit Needed: A landlord can give an immediate unconditional quit notice in the following situations: (IC 32-31-1-8)
    1. A tenant at will commits waste.
    2. The tenant is a tenant at sufferance (someone who occupies the property after a lease has expired).
    3. The express terms of the contract require the tenant to pay the rent in advance, and the tenant refuses or neglects to pay the rent in advance.
    4. The landlord-tenant relationship does not exist.
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Required Notice before Entry: “Reasonable” written or oral notice is required. No exact amount of time is specified but generally 24 hours is recommended. (IC 32-31-5-6(g))
  • Entry Allowed with Notice for Maintenance and Repairs (nonemergency): Yes (IC 32-31-5-6(e))
  • Entry Allowed with Notice for Showings: Yes (IC 32-31-5-6(e))
  • Emergency Entry Allowed without Notice: Yes (IC 32-31-5-6(f))
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No (IC 32-31-5-6(c))
  • Utility Shut-offs Allowed: No (IC 32-31-5-6(c))

Disclosures & Miscellaneous Notes:

  • Landlord Obligations: A landlord shall do the following: (IC 32-31-8-5)
    • Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition.
    • Comply with all health and housing codes applicable to the rental premises.
    • Make all reasonable efforts to keep common areas of a rental premises in a clean and proper condition.
    • Provide and maintain the following items in a rental premises in good and safe working condition, if provided on the premises at the time the rental agreement is entered into: Electrical systems, Plumbing systems sufficient to accommodate a reasonable supply of hot and cold running water at all times, Sanitary systems, Heating, ventilating, and air conditioning systems, Elevators, if provided, Appliances supplied as an inducement to the rental agreement.
    • A heating system must be sufficient to adequately supply heat at all times.
  • Tenant Obligations: A tenant shall do the following: (IC 32-31-7-5)
    • Comply with health and housing codes.
    • Keep the premises clean.
    • Use the following in a reasonable manner: Electrical systems, Plumbing, Sanitary systems, Heating, ventilating, and air conditioning systems, Elevators, if provided, Facilities and appliances of the rental premises.
    • Refrain from defacing, damaging, destroying, impairing, or removing any part of the rental premises.
    • Comply with Lease Rules and Regulations.
    • Maintain Smoke Detectors.
  • Move-Out Condition: At the termination of a tenant’s occupancy, the tenant shall deliver the rental premises to the landlord in a clean and proper condition, excepting ordinary wear and tear expected in the normal course of habitation of a dwelling unit. (IC 32-31-7-6)
  • Disclosure of Managers & Agents: A landlord shall disclose and furnish to the tenant in writing at or before the commencement of the rental agreement the names and addresses of the following: (IC 32-31-3-18)
    • A person residing in Indiana who is authorized to manage the dwelling unit.
    • A person residing in Indiana who is reasonably accessible to the tenant and who is authorized to act as agent for the owner for purposes of: service of process; and receiving and receipting for notices and demands.
  • Smoke Detectors: At the time a landlord delivers a rental unit to a tenant, the landlord must get the tenant to acknowledge in writing that the rental unit is equipped with a functional smoke detector. (IC 32-31-5-7)
  • Flooding Disclosure: For leases entered into or renewed after June 30,2009, if a dwelling unit is in a 100-year flood plain, the landlord shall provide notice in the dwelling unit rental agreement that the dwelling unit is located within the flood plain. (IC 32-31-1-21)
  • Recording of Leases: Any lease longer than 3 years in duration needs to be recorded with the county within 45 days of its execution. (IC 32-31-2-1)
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet (pdf) on lead-based paint hazards.
  • Domestic Violence Situations:
    • Proof of Status: Landlord is entitled to verify claim of Domestic Violence status.
    • Lease: Landlord must not terminate a lease, refuse to renew a lease, refuse to enter into a lease, or retaliate against a tenant who is a victim of domestic violence. (IC 32-31-9-8)
    • Termination of Lease: A tenant is allowed to terminate a lease with 30 days notice and proof of domestic violence status. The written notice required by this section must include specific details listed in IC 32-31-9-12(b) & (c).
    • Locks: Upon request and delivery of a court order, the landlord must change or re-key the locks at the tenant’s expense within 48 hours. (IC 32-31-9-9IC 32-31-9-11)
  • Retaliation: No Statute

Court & Legal Related:

Business Licenses:

  • Business License Required: No state-wide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

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1,009 CommentsLeave a Comment

  • Matt

    I called the landlord to give them 30 days notice on a month to month lease and she said to call when I moved out and they would inspect. I called when I moved out and they are now saying that I had to email them with 30 days notice and they are withholding my security deposit, is there anything I can do? Contract does call out written notice but I failed to read that and with prior issues with them not responding to my emails previously, I called them. Thanks.

  • Stacy

    Can my landlord refuse to let me resign my lease?

  • Elena

    I told my lard lord that I was move and that I was not going to give them the rent money. She come today to give me a letter she wrote saying that I have 10 days to get out. Can she do that???

  • Ashley

    I am looking to rent. The agency I am going through, requires that I give my child’s Age/Name/Gender. They also require my DOB. This is before even being accepted as a possible tenant!!! My main issue though, is I am self employed and they require proof of income. I have provided bank statements with deposit amounts, my name, and my address, but marked out my account number. They refuse to accept it unless I don’t mark out my account number. Is that legal? They’ve already broke the law by asking about my child’s information (it was mandatory to fill out or the application wouldn’t go through online) what are my options? Help :-(

    • Ashley

      A bit more backstory. I’m moving in with my Fiancé- he makes 4.5x the rent amount. They wouldn’t let me put unemployment on there for me (mainly because I do have income)… and I now have sent the information on my bank account because they won’t rent to us otherwise. Wish me luck on not getting my bank information misused. Sigh.
      It’s sad “tenants” supposedly have rights under state and federal law. But places like this will never get into trouble for asking personal information about your children under 18 (even though it is not allowed) or for blatantly lying that they need your bank account number. Sigh. Let’s hope I win the lawsuit if they misuse my information. :-(

  • pam

    we are a non profit and we are needing to sell our rental. Can I sell & show the house with a renter living in it? their lease is up in October, but it needs to be sold before then so what kind of notice do I need to give them for moving out.

    • Linda Kidwell

      The lease goes with the sale. Even if it’s sold, the sale is contingent upon tenants rights. The tenant would be entitled to stay until the end of the lease

  • Connie

    Very concerned and scared. My roommate announced her boyfriend is coming from abroad to stay for two months. I feel uncomfortable and unsafe to have a total stranger in my apartment when I shower and sleep while my roommate is gone. Landlord said if her boyfriend stays for more then 7 days she can recoup money by fining her. Thus doesn’t help me plus increased water and electric bill. Please advise! Landlord not much help.

  • Jarodtrede

    help buy BTC

  • Michelle

    a vandal vandalized an air conditioner outside on the first floor of apartment building. I am on the second floor – why would the landlord charge me for this and can they if it was vandalism?

  • Patricia

    I am looking for a great property management company in Indianapolis. Does anyone have a recommendation?

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