Looking for clear and concise information on Indiana landlord tenant law? Get all your answers from this plain English guide to the Indiana landlord tenant statutes.
IN Landlord Tenant Law:
The landlord can ask prospective tenants for application fees to cover the costs of background and credit checks. The fee amount should be reasonable - We recommend charging around $30 per applicant. If the landlord did not run any tenant screening checks, the fees should be refunded.
A background check will show a person's history of addresses, evictions, bankruptcies, judgments and liens.
A full credit report comes with a basic background check, credit check plus criminal check. A basic background check shows a person's history of addresses, evictions and bankruptcies.
Landlords do not need the tenant or applicant's consent to run background and credit checks. Fair Credit Reporting Act § 604(a)(3)(F)
The Fair Housing Act disallows landlords from discriminating against prospective renters based on their race, color, religion, sex, *familial status, national origin or physical/mental handicap. 42 U.S.C. § 3604
*Familial status - pregnant women and families with person(s) under 18.
In addition, Indiana landlord tenant law disallows landlords from discriminating someone as a renter because of his or her ancestry.
In Marion County (Indianapolis City), it is also illegal for landlords to discriminate prospective tenants because of their age, sexual orientation or veteran status.
However if the dwelling has four or less rental units and the landlord lives in one of them, then he or she won't have to follow the above Fair Housing laws. 42 U.S.C. § 3603(b)
(also known as a lease agreement or rental agreement)
Whether you're a landlord or tenant, it's important to have a written lease agreement with terms and conditions that favors you and follows your state laws.
To save time and avoid mistakes, you can customize your own lease agreement at LawDepot. This site will ask you a set of questions related to your tenancy and create a state-specific agreement based on your answers.
Indiana landlord tenant law requires landlords to give all tenants a written "Notice of Tenant Rights and Responsibilities" and have them sign it when entering into a new lease or renewing one. The landlord shall keep the signed notice and give the tenant a copy. If the landlord fails to do so, he or she can be fined up to $500 per tenant.
If the lease is longer than three years, it has to be recorded in the Miscellaneous Record in the county recorder's office (of the rental unit). Once the lease begins, it has to be recorded within 45 days. IC § 32-31-2-1
Indiana landlord tenant law requires all tenancy agreements to contain the following details:
If (1.) and (2.) isn't disclosed before the tenancy begins, the tenant can find out the names and addresses at the landlord's expense.
According to Indiana landlord tenant law, your lease agreement CANNOT:
Indiana landlord tenant law does not limit the maximum amount of security deposit that the landlord can ask (as long as the tenant is agreeable).
There are no Indiana landlord tenant laws on security deposit holding methods and security deposit interest.
Indiana landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions. IC § 32-31-3-12 to 16
Valid reasons for security deposit deductions (under Indiana landlord tenant law) include:
The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use. IC § 32-31-3-13
Once the lease terminates and the tenant returns the property, the landlord must send the tenant a list of security deposit deductions (notice of damages) and refund any remaining deposit within 45 days. This notice has to individually account for all damages and rent owed in writing. IC § 32-31-3-14
If the landlord fails to provide this notice, the landlord has to return the full deposit amount to the tenant immediately. IC § 32-31-3-15
If the landlord fails to follow Indiana landlord tenant law for deducting and returning security deposit, the tenant can recover the amount of security deposit owed PLUS court costs and attorney fees. IC 32-31-3-16
However the landlord won't have to pay the above penalties if the tenant failed to provide a mailing address for the landlord to send the notice of damages and return the (remaining) deposit.
Once the property ownership is transferred, the new owner will be responsible for refunding any security deposit or prepaid rent to the tenant (at the end of the tenancy). Therefore the new owner should make sure that the previous owner transfers all security deposits and prepaid rents along with the property. IC § 32-31-3-19
The previous owner is no longer responsible for the tenancy once ALL three conditions are met:
Indianapolis, Indiana IN
There are no Indiana landlord tenant statutes on imposing charges for late rent payments. If the landlord wants to impose late rent fees, it has to be specified in the tenancy agreement.
Indiana landlord tenant law allows the landlord to charge the tenant up to $25 for each returned check. IC § 24-4.5-7-202
According to the Indiana Landlord Tenant Act, the landlord can choose to raise the rent by any amount.
The landlord has to inform the tenant of a rent increase at least 30 days in advance. The landlord and tenant can change this requirement with a written rental agreement. IC § 32-31-5-4
For a fixed term tenancy, the landlord isn't allowed to raise the rent until the tenancy expires.
The Indiana Landlord Tenant Act IC § 32-31-8-5 requires the landlord to maintain and deliver the property to the tenant in a safe and habitable condition:
Indiana landlord tenant law IC § 32-31-7-5 also requires the tenant to keep the property in a clean and safe condition:
If the landlord failed in his or her responsibilities, the tenant can obtain a court order to make the landlord maintain the property and sue for damages.
The tenant can do so if ALL three conditions are met:
If the tenant wins in court, he or she may recover actual damages PLUS court costs and attorney fees. IC § 32-31-8-6
If the tenant failed in his or her responsibilities, the landlord can obtain a court order to make the tenant maintain the property and sue for damages.
The landlord can do so if ALL three conditions are met:
If the landlord wins in court, he or she may recover actual damages PLUS court costs and attorney fees. IC § 32-31-7-7
According to Indiana landlord tenant law IC § 32-31-5-6.(e), the landlord is only allowed to enter the property for the following reasons:
In the above situations, the landlord must inform the tenant in advance before entering the property. The landlord can only enter the property with the tenant's consent and during reasonable hours. IC § 32-31-5-6.(g)
According to Indiana landlord tenant law IC § 32-31-5-6.(f), the landlord may enter the property without permission in the following situations:
There are no specific Indiana landlord tenant laws on subletting.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
Fort Wayne, Indiana IN
Indiana landlord tenant law requires you to give the other party a written notice to quit before terminating a tenancy.
For a month to month tenancy, you have to give this notice at least 30 days in advance. IC § 32-31-1-1
For a year to year tenancy, you must give this notice at least three months before the termination date. IC § 32-31-1-3
According to Indiana landlord tenant law, the number of days for giving a notice to quit depends on the how often the rent is paid (e.g. You should give a 14 day notice if the rent is paid every two weeks). IC § 32-31-1-4
Tenant or dependent is a victim of domestic abuse
If the tenant or tenant's dependent is a victim of family violence or sexual assault, the tenant can terminate the tenancy (without penalty) by giving the landlord a written 30 day notice to quit. IC § 32-31-9-12
This notice must include a statement (under oath or affirmation) that the tenant or tenant's dependent is a victim of domestic abuse PLUS a police, court or government record describing the domestic violence suffered by the tenant or tenant's dependent.
According to Indiana landlord tenant law, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:
Tenant did not pay rent
Tenant-at-will deliberately caused property damage
Whether you are a landlord evicting someone or a tenant facing eviction, it's important that you handle matters correctly according to your state laws.
If you have any questions or doubts on eviction, you can ask a local landlord tenant lawyer online.
If the tenant did not pay rent on time, the landlord can send the tenant a ten day written notice to terminate the tenancy. This notice must state the amount of rent owed and inform the tenant that he or she can choose to pay or move out.
If the rent is paid within ten days (or the deadline stated in the rental agreement), then the tenant may stay. IC § 32-31-1-6
The landlord can give the tenant an immediate eviction notice in any of the following situations:
The landlord can serve an eviction notice to the tenant with any following method:
According to Indiana landlord tenant law, the landlord CANNOT force the tenant to move out by shutting off utilities (electricity, water, gas, sanitation), changing the locks, taking the tenant's belongings or taking possession of the property by force without a court hearing. IC § 32-31-1-9
According to the Indiana Landlord Tenant Act IC § 32-31-5-6.(b), the tenant has abandoned the property when BOTH conditions are met:
*Indiana landlord tenant law does not explain what is considered as reasonable, but you can consider factors from other state laws:
The landlord is not responsible for losses or damage to the tenant's abandoned belongings.
After the landlord regains possession of the property under court order IC § 32-20-4, the landlord can apply for another order to remove the tenant's belongings. IC § 32-31-4-2.(d)
The landlord has to deliver the following to the tenant's last known address:
If the tenant does not remove his or her belongings before the order deadline, the landlord may move the belongings to a (court-approved) warehouseman or storage facility. IC § 32-31-4-2.(e)
Once the tenant is informed in writing, the warehouseman or storage facility can sell the belongings if the tenant does not claim his or her belongings within 90 days. The tenant can recover his or her belongings by paying the warehouseman or storage facility before they are sold. IC § 32-31-4-5
The warehouse or storage facility can charge the tenant for the cost of transporting, storing, preserving, insuring and selling the abandoned belongings. IC § 32-31-4-4
Indiana Landlord Tenant Law: Indiana Code 32. Article 31. Landlord-Tenant Relations
Indiana Landlord Tenant Handbook: Renting in Indiana: A Handbook for Tenants and Landlords
If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.