Indiana Rental Lease Agreements

The Indiana Rental Lease Agreements are contracts created to formalize an arrangement between a landlord leasing a residential property and a tenant renting it out. Agreements typically outline provisions, at minimum, about the following matters:

  • Lease Term (excluding Month-to-Month);
  • Rent Amount ($);
  • Furnishings;
  • Property Description;
  • Evictions; and
  • Utility Responsibilities

Should either party have any matters to clarify regarding the contract, it is advisable that they seek legal advice.

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What is an Indiana Lease Agreement?

An Indiana Lease Agreement is a frequently used legal document that provides legal scope for a property to be leased for residential purposes in the state of Indiana. Each document must conform to relevant state and federal law, however, the particular preferences of each party may also be included. Landlords who wish to fast track the process of finding a suitable tenant should make use of a rental application form.

State Definition (IC 32-31-3-7) – “means an agreement together with any modifications, embodying the terms and conditions concerning the use and occupancy of a rental unit.”

Types of Agreements

College Roommate Agreement – Although not legally-binding, this document is recommended for use by college roommates as it acts as a point of reference to any rules that are mutually agreed upon.

Commercial Lease Agreement – A contract used to establish conditions whereby a business can lease a property from a landlord for commercial purposes.

Lease to Own Agreement – Upon signing, this document makes it legally viable for tenants to purchase the property they rent from the landlord.

Month-to-Month Lease – Differing from a typical long-term lease, this lease allows for a property to be leased short-term, that is, on a month-to-month basis.

Roommate Agreement – A document signed by roommates of a shared rental property that sets out guidelines and also obligations each roommate should uphold.

Standard Residential Lease Agreement – When a residential property is leased in the state of Indiana, landlords and tenants should mutually agree to the terms in this contract.

Sublease Agreement – If an original tenant wants to rent out part or all of their rental unit to another party, this document will set out the conditions for such a process.

When is Rent Due?

There is no statute in Indiana state law specifying when rent is due. There is also no grace period stipulated. By implication, the lease agreement should specify the date rent is due as well as the conditions in which a grace period is offered, if the landlord chooses to offer one.

Landlord’s Access

Emergency (IC 32-31-5-6(f)): The right for landlords to enter without notice in an emergency case that “threatens the safety of the occupants or the landlord’s property” is protected by state law.

Non-Emergency (IC 32-31-5-6(g)): Landlords must provide tenants with reasonable written or oral notice of the their intent to enter, and they may only enter during reasonable times. As the meaning of “reasonable” is not specified, it is recommended that landlords give tenants at at least twenty-four (24) hours notice, and only enter during normal business hours of 9 a.m. and 6 p.m.

Required Disclosures

  • Flooding Disclosure (IC 32-31-1-21): The landlord is required to disclose in the rental agreement that the structure is situated in a flood plain if the lowest floor of the structure where the rental dwelling is located, including the basement, is at or below the one hundred (100) year frequency flood elevation.
  • Lead Paint Disclosure: In addition to providing a pamphlet on lead-based hazards, landlords of dwellings built before 1978 must inform tenants of any known lead paint hazards.
  • Names and Addresses (IC 32-31-3-18): Landlords are required to disclose and furnish to tenants in writing at or before the lease begins the names and addresses of: a person residing in Indiana who is authorized to manage the dwelling unit, as well as 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.

Security Deposit Laws

Maximum: State law does not stipulate a cap for the amount of money a landlord can demand as a security deposit.

Returning to Tenant (IC 32-31-3-12): Landlords in Indiana must return a deposit no more than forty-five (45) days after termination of the lease agreement and delivery of possession. If there are any deductions applied to: the payment of accrued rent; any damages the landlord has or will reasonably suffer; and any unpaid utility or sewer charges, these must all be itemized with the amount due in a written notice.