Landlord-Tenant Laws in Indiana: Everything to Know as a Tenant

Navigating the intricacies of the landlord-tenant relationship can be a daunting task, especially when it comes to understanding the legal rights and responsibilities of both parties. And as an informed tenant, it is essential to be familiar with the intricacies of the renters’ laws to ensure a fair and pleasant rental experience.

Our comprehensive guide will shed light on the landlord-tenant laws in Indiana and, hopefully, will give you some valuable insights and advice. Here, you can find information covering rental agreements, security deposits, rental payments, evictions, and more.

Contents

• Rental Application
• Security Deposit
• Security and Comfort
• Rental Payments
• Lease Terminations

Rental Application

Application fee: not indicated
Application fee refund: not indicated 
Rental agreement required: oral or written

When you apply for a rental apartment in the US, it’s common for landlords to ask for an application fee. While renters’ rules and regulations in Indiana do not touch upon application fees, it would be acceptable to pay a reasonable amount that would cover the cost of the tenant screening.

Similar to many other states, Indiana rental laws permit both oral and written rental agreements. While an oral agreement might seem more flexible and requires less work (no one has to draft or sign the contract), you should always opt for a written lease. There are numerous benefits to written agreements: it can be the first document to consult in case of any queries, and it will be easier to work in court with in case of major disputes.

What’s more, now you can always ask your landlord to sign your lease digitally. This option will only require 10 minutes of your time, but it will have all the benefits a standard written lease has to offer.

Security Deposit

Pet deposit maximum: not indicated
Security deposit maximum: not indicated
Security deposit interest: no
Return deposit deadline: 45 days
List of charges with the basis for the claim: required
Legal reasons to keep security deposit: to cover breach of lease, unpaid rent, or property damage 

Just like anywhere else across the country, it’s a common practice for landlords in Indiana to collect a security deposit when signing a lease with a new tenant. State laws do not regulate the security deposit amount, but it is typically equivalent to one month’s rent. Also, similarly to some other landlord-friendly states, your security deposit does not have to generate interest, and there are no regulations about informing the renter where the deposit will be held during the tenancy.

So, what happens to your security deposit in Indiana when you decide to move out?

The first thing to remember is that the landlord or property manager has 45 days to return the security deposit after the lease ends and the tenant vacates the rental. Common reasons for keeping a security deposit or some part of it under Indiana landlord-tenant laws include damages beyond wear and tear and unpaid rent or utility bills. What’s more, the landlord has to right to hold on to a security deposit if a tenant decides to break a lease early.

However, if they intend to keep a security deposit or some part of it, the landlord has to provide renters with an itemized list of charges with an estimated cost of each repair or expense.

Finally, if both sides agree, the security deposit can be used to pay for the last month’s rent (according to the law, your landlord has to confirm it in writing.)

Security and Comfort

Smoke alarms: required
Carbon monoxide detectors: not indicated
Rekey requirements: not indicated

Indiana laws require installed and functioning smoke detectors next to bedrooms or sleeping areas. Keep in mind that it’s your responsibility as a tenant to replace batteries and inform your landlord in case of any malfunction. 

While there are no laws about changing locks between tenants, you can always talk to your property manager about that. However, you might have to cover the cost of the replacement and, of course, give one key to the landlord for any emergency situations.

Rental Payments

Maximum rent: not indicated
Rent increase: not indicated
Right to withhold rent for failure to provide essential services (such as water, heat, etc.): not indicated
Late payment limit: not indicated

The state of Indiana has no rent control laws in place, meaning the property manager is free to decide on the rent amount. In this case, the rent is mostly regulated by the market and depends on supply and demand as well as prices for similar rentals in the neighborhood or the town you choose to live in. We always recommend checking rental prices in the area before you start your search for a new home, as it will give you a better understanding of the market and could prevent you from overpaying for your rental.

Pro tip: When searching and applying for apartments for rent in Indiana on Rentberry, you can submit a custom offer. Based on how strong your rental application and history are, you can suggest a higher/lower monthly rent or security deposit to stand out from other applicants.

Additionally, no laws regulate how often or for how much a landlord can raise the rent in Indiana. However, just as with any other modifications in your rental agreement, the property manager must inform you in writing about the changes at least 30 days before they take place. And, of course, if you have signed a year-long lease, they cannot amend it throughout its duration.

One thing to be careful with when renting a place in Indiana is withholding your rent if the landlord fails to provide major necessary repairs that make the property uninhabitable. In most of the states across the country, renters have a right to withhold rent or make repairs by themselves and extract that amount from their monthly rent. But this is not the case in Indiana, so you should never do that without talking to a qualified lawyer.

Lease Terminations

Notice to terminate lease: 30 days for a month-to-month tenancy, three months for a year-long lease
Eviction notice for not paying rent: 10-day notice
Eviction notice for lease violation: from 10 days, depending on the violation type

Unfortunately, one of the main reasons for evictions and early lease terminations is tenants who cannot pay on time. Not so common is the one where the tenant damages the property or uses the rental for illegal activities. So, let’s look at these cases according to Indiana tenant laws.

Pro tip: If you pay rent through Rentberry, you can select the autopay option to never miss your due date again!

If the renter fails to pay rent on time, landlords in Indiana usually have three main tactics to follow: charge late fees, initiate eviction proceedings, or pursue legal action to recover unpaid rent. You should know that Indiana has no grace period for not paying rent, and the landlord has the right to charge a late fee immediately. What’s more, the landlord can give a 10-day notice of lease termination, which means the tenant has ten days to either pay everything in full to stay or they would have to move out of the rental.

However, you should keep in mind that the landlord has no right to forcefully remove the renter without a court order. So, if you believe that the property manager wants to evict you without cause, you can turn to the court yourself and present your case.

Disclaimer: Although we have relied on Official State Statutes and other credible sources to find and analyze information for this post, you’re advised to use it as a starting point only and do not consider this article a substitute for legal advice. Some situations are unique, and it is always better to consult with a qualified lawyer or appropriate government agencies.

Indianapolis, IN