Free Indiana Rental Lease Agreement


Indiana Rental Lease Agreements

Are you moving to Indiana? Well, how about a breakdown of the basic landlord-tenant laws?

  • The Official Rules, Regulations, and Guides

    • Landlord and Tenant – Ind. Code Ann. §§ 32-31

    • Small Claims and Misdemeanor Division – Ind. Code Ann. §§ 33-28-3

    • Marion County Small Claims Court – Ind. Code Ann. §§ 33-34

    • General Indiana Small Claims Rules

  • Security Deposit

    • There is no security deposit maximum

    • The deadline for returning the security deposit is 45 days

    • Some of the allowable deduction from the security deposit include deductions for:

      • Accrued rent

      • Reimbursement of actual damages not resulting from ordinary wear and tear.

      • Amount of damage the landlord suffers or will suffer from a tenant’s non-compliance

      • Unpaid utility and sewer charges

    • Before you fill in your rental lease agreement in Indiana, note that there are no statutes on security deposit interests, separate security deposit bank accounts, non-refundable fees, application fees, record keeping of deposit withholdings, and pet deposits and other additional fees.

    • Itemize list of move-out damages/ charges: the landlord must deliver, within 45 days of the termination of occupancy, an itemized list of damages with a money order for the difference between the claimed damages and the security deposit the landlord holds. This list has the amounts and the lease the landlord plans to assess and the estimated cost of repairs for damages items.

    • In case of non-compliance:

    • If the landlord fails to give notice of damages, the landlord will have to remit to the client the full value of the security deposit.

    • Failure to itemize damages makes the landlord liable to the tenant in an amount equal to the part of the deposit withheld by the landlord, plus the reasonable attorney fees.

Lease, Fees, and Rent

  • There are no statutes for:

    • When the rent is due

    • Rent’s grace period

    • Late fees

    • Prepaid rent

    • Tenant withholding rent for failure to provide the essential services

    • Tenant allowed to repair and deduct rent

    • Whether the landlord can make a reasonable attempt to mitigate damages caused by the lessee

    • The rent increase notice lasts 30 days

    • The returned check fees cost $25.

    • The landlord is allowed to recover the court and the attorney fees.

    • Rules on the abandonment of personal property.

    • The landlord can remove the tenant’s abandoned property using a formal writ of possession and relocating the property to the approved storage facility.

    • The landlord may not take possession of or dispose of the tenant’s dwelling unit, or even deny a tenant access to or dispose a tenant’s property for the enforcement of the obligation of the tenant to the landlord, under the rental lease agreement.

  • Notices and Entry

    • No statutes govern the termination of fixed end leases.

    • A three months’ notice is given for termination of annual leases

    • One month’s notice is necessary for the termination of monthly leases.

    • In case of tenancy termination for non-payment, ten days’ notice is required, but the tenant may stay if they pay the rent in full before the notice expires.

    • There is no statute governing the termination of leases for violation.

    • When is there no notice to quit needed? There are cases when the landlord gives immediate, unconditional quit notice. The cases include:

      • When a tenant commits waste

      • If the tenant is at sufferance

      • If the express terms of the rental contract require the tenant to pay rent in advance, but the tenant refuses or ignores the terms.

      • If the landlord-tenant relationship is non-existent.

    • There are no statutes on giving notice of date/ time for the move-out inspection

    • The notice before entry is necessary when a reasonable oral or written notice is given.

    • Entry is allowed with notice for non-emergency maintenance and repairs

    • Entry is allowed with notice for rental showings

    • Emergency entry is allowed without notice

    • No statute directs what happens in case of entry following a tenant’s extended absence

    • There is no statute for notice to tenants for pesticide use

    • There are no lockouts or utility shutoffs.

Disclosures and Miscellaneous Notes

  • This is the section that highlights different elements like:

    • Landlord obligations

    • Tenant obligations

    • Move-out condition

    • Disclosure of the managers and agents

    • Smoke detectors

    • Flooring disclosures

    • Recording of the leases

    • Lead disclosure

    • Domestic violence situations

    • Retaliation

  • Court and Legal related cases

    • The Indiana Small Claims Court Limits are set at $6,000

    • Eviction cases are allowed in the small claims court.

    • You can get help from Judicial Branch of Indiana and Indiana Attorney General

    • Small claims cases are handled under Indiana Small Claims Manual, Indiana Small Claims Rules, and the Marion County Small Claims Court.

    • Bar associations include Indiana State Bar Association and Indianapolis Bar Association.

    • For legal aid get help from Indiana Attorney Referral Service, Indianapolis Lawyer Referral Service, Find a Legal Aid Provider, Indiana Legal Services, or Indianapolis Legal Aid Society

Business Licenses

There are no state-wide business licenses, though local counties and cities may have their regulations and requirements.

For more information and prompt processing of your Indiana rental lease agreement, fill our lease agreement form here.