Indiana Landlord Tenant Rights

Renting a home can be stressful, whether you are the lessor or the lessee. Take the stress out of rentals with our below guide on Indiana landlord tenant rights.

Landlord Responsibilities

The landlord has certain responsibilities to the tenant. These include:

  • Providing a habitable dwelling
  • Making requested repairs in a reasonable amount of time
  • Providing water and plumbing
  • Providing heating and electricity
  • Reasonable notice of entry

The landlord is prohibited from evicting tenants for exercising their right to a habitable dwelling. If a landlord does not complete requested repairs, a tenant can file a complaint as long as the landlord was afforded a reasonable amount of time to make the repairs.

Tenant Responsibilities

The tenant also has responsibilities to the landlord. These include:

  • Maintaining smoke detectors and appliances
  • Use of facilities and appliances in a reasonable manner
  • Ensuring the living space is free from garbage and hazards
  • Abiding by all terms in the rental agreement
  • Maintaining cleanliness standards
  • Not defacing, damaging or destroying any part of the rental unit
  • Not disturbing other tenants or neighbors

Security Deposit

Indiana law does not have a limit on the amount a landlord may request for a security deposit.

The security deposit must be returned within 45 days after the tenants move out of the rental unit. However, the landlord is not liable for returning the security deposit until the tenant provides a mailing address to the landlord, in writing. A landlord is responsible for paying a tenant up to twice the value of their security deposit as a penalty if wrongfully withheld. A security deposit can be rightfully withheld for the following reasons:

  • Unpaid rent
  • Unpaid utilities
  • Damage caused by the tenant beyond ordinary wear and tear

Landlords must provide the tenant a written itemized list of deductions from the security deposit with the following information:

  • Description of the damaged item
  • Cost of repair or replacement of damaged item
  • Amount deducted from security deposit

Rent and Fees

Indiana landlords can increase the rent for any amount without providing the tenant a justification. Indiana law explicitly prevents local legislation on rent control. However, the landlord must provide 30-day written notice to the tenant before raising a tenant’s rental price.

Indiana law does not have a required grace period or any restrictions on how much landlords can charge in late fees as long as they are not unreasonable. Indiana does limit returned check fees to $25.

Evictions

Evictions can occur in Indiana under the following circumstances:

  • Nonpayment of rent
  • Lease violation
  • No lease or end of lease – a notice to quit is required to be provided by the landlord prior to eviction
  • Illegal Acts

Indiana landlords must give tenants, at a minimum, a 10-day notice of eviction. A landlord cannot evict a tenant in retaliation or based on discriminatory reasons.

Tenants can end a lease early for the following listed reasons:

  • Early termination clause
  • Active military duty
  • Domestic violence
  • Landlord harassment
  • Uninhabitable unit

If an Indiana tenant breaks the lease early, they may be required to continue making their rental payments until the landlord re-rents their unit.

Lease Termination Notice

No prior notice is required at the end of a fixed term lease. If the lease is month-to-month, either party must provide a 30-day notice. A yearly lease with no end date requires 3-month notice to be provided.

Relevant State Agencies

Indiana Housing & Community Development Authority

City-Specific Links

Indianapolis:

Indianapolis Housing Agency

Water

Electric

Gas

Fort Wayne:

Fort Wayne Housing Authority

Water

Electric

Gas

Evansville:

Evansville Housing Authority

Water

Electric

Gas

Official Rules and Regulations

Indiana Code - Landlord-Tenant Relations

Indiana Civil Rights Commission Fact Sheet on Tenant Rights in Indiana