Statutes, lease requirements, tenant rights, and landlord remedies under Indiana law. Updated April 2026.
Indiana does not require residential leases to be in writing for tenancies of one year or less, but written leases are strongly recommended and standard practice. For leases exceeding one year, Indiana's Statute of Frauds requires a written agreement. Written leases should include the rental amount, due date, lease term, security deposit amount, late fee provisions, maintenance responsibilities, and any rules regarding pets, guests, or property modifications.
Indiana law requires certain disclosures. Under IC § 32-31-3-18, the landlord must disclose in writing to the tenant the name and address of the person authorized to manage the premises and the owner or authorized agent for service of process. This disclosure must be made at or before the commencement of the tenancy. For properties built before 1978, federal lead-based paint disclosures are also required.
Indiana law prohibits lease provisions that waive the tenant's right to a habitable dwelling or require the tenant to waive statutory protections. However, Indiana does not have as comprehensive a list of prohibited lease terms as some states. Landlords should ensure their lease agreements comply with IC § 32-31-2-9, which prohibits provisions that are unconscionable or contrary to public policy. Indiana courts will evaluate the fairness of lease terms on a case-by-case basis.
Rent is due on the date specified in the rental agreement. If no due date is specified, rent is payable at the beginning of each month for month-to-month tenancies. Indiana does not provide a statutory grace period, so rent is technically late the day after the due date unless the lease includes a grace period. Landlords cannot begin eviction until a 10-day notice has been served and the period has expired.
Indiana has no rent control laws and does not authorize local governments to impose rent stabilization measures. Landlords may set initial rent at any level and increase rent by any amount with proper notice. For month-to-month tenancies, at least 30 days' written notice before the end of the rental period is required for rent increases. For fixed-term leases, rent cannot be increased during the lease term unless the lease specifically allows for it.
Late fees are permitted in Indiana and should be specified in the lease agreement. Indiana does not impose a statutory cap on late fees, but courts may find excessive fees unenforceable. Late fees should be reasonable and proportionate to the landlord's actual damages from late payment. Landlords may also charge fees for returned checks as specified in the lease agreement.
Under IC § 32-31-8-5, Indiana landlords must comply with all applicable building codes and health regulations, maintain the structural integrity of the building, keep plumbing and electrical systems in working order, provide reasonable heat during heating seasons, and maintain common areas in a clean and safe condition. Indiana law imposes an implied warranty of habitability on all residential rental properties.
Tenants have corresponding obligations under Indiana law to keep the premises clean, use all facilities and appliances reasonably, dispose of waste properly, refrain from damaging the property, and notify the landlord of conditions requiring repair. Tenants are expected to maintain a reasonable standard of cleanliness and to avoid creating conditions that attract pests or compromise the structural integrity of the unit.
If the landlord fails to maintain habitable conditions, the tenant may provide written notice specifying the conditions requiring repair. If the landlord does not make repairs within a reasonable time, the tenant may pursue remedies including lease termination. Indiana courts have held that a reasonable time depends on the nature and severity of the deficiency—emergency repairs (no heat, water leaks) require prompt attention, while cosmetic issues allow more time.
Indiana law requires landlords to provide reasonable notice before entering a rental unit, though the statute does not specify an exact number of hours. Courts have generally interpreted reasonable notice as at least 24 hours for non-emergency situations. Entry must be at reasonable times and for legitimate purposes such as inspections, repairs, showing the unit to prospective tenants, or addressing emergencies.
Landlords may enter without notice in cases of emergency, such as fire, flood, gas leak, or other situations presenting an immediate threat to life, health, or property. Entry is also permitted when the tenant has abandoned the premises or given notice of intent to vacate. If the tenant unreasonably refuses lawful entry, the landlord may seek legal remedies.
Indiana courts take a practical approach to right-of-entry disputes. Landlords who give reasonable advance notice and limit entries to legitimate purposes are unlikely to face legal challenges. However, using the right of entry to harass or intimidate a tenant may constitute a violation of the tenant's right to quiet enjoyment and could support a claim for constructive eviction or lease termination.
Indiana tenants have the right to a habitable dwelling that meets applicable building and health codes under IC § 32-31-8-5. The implied warranty of habitability ensures that rental properties are fit for human habitation throughout the tenancy. If the landlord fails to maintain the premises, tenants may pursue remedies including lease termination after proper notice.
Indiana tenants are protected from retaliatory eviction. A landlord may not increase rent, decrease services, or threaten eviction in retaliation for a tenant exercising rights under the law, including filing complaints with government agencies about code violations or participating in tenant organizations. The burden of proving that an action was not retaliatory falls on the landlord if the action occurs within a reasonable time after the tenant's protected activity.
Additional tenant rights include the right to proper notice before eviction (10 days for nonpayment), the right to receive the security deposit within 45 days of move-out with an itemized statement, protection from illegal lockouts and utility shutoffs, and the right to quiet enjoyment of the premises. Indiana tenants may also pursue claims for damages if the landlord violates the lease agreement or statutory obligations.
For nonpayment of rent, Indiana landlords must serve a 10-day written notice demanding payment or possession under IC § 32-31-1-6. If the tenant does not pay or vacate within the 10-day period, the landlord may file an eviction action. The notice must clearly state the amount owed and the consequence of nonpayment. Indiana law does not provide a right to cure for subsequent nonpayment within a specific period, but the 10-day notice must be given each time.
For other lease violations, Indiana landlords should provide reasonable notice of the breach and an opportunity to cure before proceeding with eviction. While the statute does not specify an exact notice period for non-rent violations, courts generally expect landlords to give tenants a reasonable opportunity to correct the issue. For serious violations including criminal activity, illegal drug use, or threats to the safety of other tenants, the landlord may proceed more quickly.
Indiana prohibits self-help evictions. Landlords may not change locks, shut off utilities, remove doors or windows, or physically remove a tenant's belongings without a court order. The proper remedy is always through the court system. Small claims court handles eviction cases where the amount in controversy (unpaid rent plus damages) is under $10,000. For larger amounts, the case must be filed in circuit or superior court.
Indiana has no statutory cap on late fees, but courts require that late fees be reasonable and not punitive. Excessive fees may be declared unenforceable. Best practice is to specify a reasonable late fee in the lease agreement—commonly 5-10% of the monthly rent.
Landlords must disclose the name and address of the property manager and the owner or agent for service of process (IC § 32-31-3-18). Lead-based paint disclosures are required for pre-1978 properties under federal law.
Yes. If the landlord fails to maintain habitable conditions and does not make repairs within a reasonable time after written notice, the tenant may terminate the lease. Indiana courts recognize an implied warranty of habitability for all residential rentals.
Either party must give at least 30 days' written notice before the end of the rental period. No reason needs to be stated, as long as the termination is not retaliatory or discriminatory.
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