Indiana landlord tenant law: the rules a landlord meets

Indiana security deposit law

Most you can take

No cap in statuteNo statute sets this

Back to the tenant within

45 daysIC 32-31-3-12The clock runs from termination and delivery of possession; the landlord is not liable until the tenant gives a forwarding address in writing.

Rent and late fees

Late fee

No statute caps itNo statute sets this

Indiana rent increase laws and rent control

Notice before a rent increase

No statutory period confirmedInd. Code § 32-31-1-20No statute sets a notice period for a rent increase; a tenancy at will is ended on one month's written notice (§ 32-31-1-1). Regulating rents on private property needs an act of the General Assembly, so local rent control is barred.

Rent control

Local rent control bannedInd. Code § 32-31-1-20

Entering the property: notice to the tenant

Notice before you enter

Reasonable noticeIC 32-31-5-6(g)

Ending a tenancy and eviction notices

Ending a month-to-month tenancy

30 daysIC 32-31-1-1The statute says one month's written notice.

Unpaid rent

10 daysInd. Code § 32-31-1-6; § 32-31-1-7“10-day notice to pay rent or vacate”Paying in full within the period stops itThe landlord may terminate on at least 10 days' notice unless the parties agreed otherwise or the tenant pays the rent in full before the notice period ends. The statute also supplies an optional form of notice.

Another breach of the lease

Could not be confirmedCould not be confirmed“notice of lease violation”The statute does not say whether the breach can be fixedNo statute sets a notice period or a right to cure for a breach other than rent, so the lease governs. A tenancy at will can be ended on one month's written notice under § 32-31-1-1.

Lockouts and shutoffs

Banned: lockouts and utility shutoffsInd. Code § 32-31-5-6

The Indiana eviction process, step by step

Disclosures a Indiana lease has to carry

• At or before the start of the tenancy, give in writing the names and addresses of an Indiana resident authorised to manage the unit and an Indiana resident agent for service of process and notices. (IC 32-31-3-18)
• If the lowest floor is at or below the 100-year flood elevation, the rental agreement must clearly state that the structure is in a flood plain. (IC 32-31-1-21)
• If the property is in a state area of interest near a military installation, the lease must say so and that local laws may restrict use and development. (IC 32-31-1-21.1)
• At move-in, the tenant must acknowledge in writing that the unit has a working smoke detector. (IC 32-31-5-7)