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Indiana Tenant-Landlord Law

by Jean-Raphael Decaux

Indiana-Tenant-Landlord-Law-Fast-Facts

Fair Housing

The Fair Housing Act was created in order to ensure that everyone is treated equally during the housing process. It protects tenants from discrimination when seraching for a rental property. At the federal level the Fair Housing Act protects the following classes…

  • Race
  • Color
  • National Origin
  • Religion
  • Sex
  • Familial Status
  • Disability

Learn about fair housing at the federal level here https://resources.hemlane.com/landlord-must-know-fair-housing/

Indiana protects the same categories as federal law
(I.C. § 22-9.5)


Security Deposits

  • Maximum amount landlord can charge: No law written implying the maximum amount a landlord can charge for the security deposit. (IC 32-31-3-12)
  • Returning the security deposit: The security deposit must be returned to the tenant no more than 45 days after the termination of the rental agreement (IC 32-31-3-12)
  • Bank account requirements: No law written implying landlords must have a separate bank account for the security deposit.
  • Security deposit deduction notice upon move out: The security deposit shall be returned minus any amount applied to the rent expense the tenant has incurred from the landlord but not yet paid. Additionally the amount of damages the landlord has suffered from the tenant and any unpaid utility charges or sewer charges the tenant was obligated to pay under the rental agreement are deducted from the security deposit. (IC 32-31-3-12)

Rent and Late fees

  • Rent fee: No law written implying when rent is due.
    Rent increase: Unless provided in a written agreement between the landlord and tenant, the tenant must be given a 30 day written notice before modifying the rental agreement. (IC 32-31-5-4)
  • Refusal to pay rent: If a tenant does not pay rent when it is due, the landlord may terminate the lease within 10 days. (IC 32-31-1-6)
  • Late fees: No late fee law
  • Late fees maximum: No maximum late fee law
  • Abandonment of personal property: A landlord may relocate abandoned property to a storage facility using a court order. (IC 32-31-4-2)
    • A landlord has no liability for loss or damage of a tenant’s personal property if they abandon it. (IC 32-31-4-2 (a))
  • Tenant’s personal property: A landlord may not take possession of, remove from a tenant’s dwelling unit, deny a tenant access to or dispose of a tenant's personal property in order to enforce an obligation of the tenant to the landlord under the rental agreement. (IC 32-31-5-5 (a))
    • The landlord and tenant may agree in a writing that the landlord may hold property voluntarily that has been offered by the tenant to hold as a security. (IC 32-31-5-5 (b))

Notices and Entry

  • Year to year tenancy: Notice must be given to a tenant at least 3 months before the expiration of the year. (IC 32-31-1-3)
  • Month to month tenancy: A tenant must be given a 1 month written notice. (IC 32-31-1-1)
  • Required notice before entry: Landlord may not use right of entry to harass a tenant, and must give the tenant reasonable written notice that the landlord intends to enter the property during a reasonable time. It is generally recommended that 24 hour notice is given. (IC 32-31-5-6(g))
  • Notice for maintenance and repairs: Landlord may enter the premise to make necessary repairs or improvements. (IC 32-31-5-6(e))
  • Entry allowed with notice for showings: Landlord may enter the premise to showcase the property. (IC 32-31-5-6(e))
  • Emergency entrance: Landlord may enter without notice in case of an emergency. (IC 32-31-5-6(f))
  • Entrance during extended absence: No law.

Disclosures

  • Landlord obligations (IC 32-31-8-5)
    • Deliver the rental premises to the tenant in compliance with rental agreement, and in safe, clean, and habitable condition.
    • Comply with all health and housing codes.
    • Make all efforts to keep common areas of the rental premise clean.
    • Maintain electrical, plumbing, sanitary, and heating systems at all times.
  • Tenant obligations (IC 32-31-7-5)
    • Comply with all obligations imposed by health and safety codes.
    • Keep the rental premises clean
    • Use electrical, plumbing, heating, and air conditioning systems in a reasonable manner.
    • Refrain from damaging, defacing, destroying, impairing or removing any part of the rental property.
    • Comply with both rules and regulations at the time the rental agreement was entered as well as with the provided rental agreement rules.
    • Ensure smoke detectors remain functional and not disabled.
  • Move-out conditions: Excepting normal wear and tear in the course of habitation, the tenant shall deliver the rental property in clean and proper condition. (IC 32-31-7-6)
  • Recording of lease: A lease lasting longer than 3 years must be recorded within the county within 45 days of signing the lease. (IC 32-31-2-1)

Eviction Laws

Indiana-Eviction-Laws
  • When it is failure to pay rent, the tenant has 10 days to pay you otherwise the eviction notice can be filed with the courts.

  • When there is another lease violation (e.g. subletting), there is no statute regarding time given to resolve the violation from the point that the eviction notice is served.

  • Eviction cases allowed in small claims courts: If the amount of unpaid rent is below $6,000 at the time of filing. (IC 33-28-3-4(b)(2))

For more information on Indiana Landlord Tenant laws please visit their website here.