Indiana landlord-tenant laws, set out mainly in Indiana Code Title 32, Article 31, govern residential leases across the state: what landlords must maintain, what tenants owe in return, how security deposits are handled, how much notice ends a tenancy, and how evictions must proceed. The rules cut both ways. A landlord who mishandles a deposit can owe the whole thing back plus attorney’s fees. A tenant who misreads a notice requirement can lose a home they could have kept.
When a Lease Has to Be in Writing
Indiana does not require every lease to be written. Under the state’s statute of frauds, only leases with terms longer than three years must be in writing and signed by the party being held to the agreement.1Indiana General Assembly. Indiana Code 32-21-1-1 – Requirement of Written Agreement A month-to-month or one-year lease can be oral and still enforceable. It’s a bad idea anyway — without a written agreement, what was actually promised becomes a credibility contest.
Leases longer than three years also have to be recorded with the county recorder under Indiana Code 32-31-2. Even for shorter terms, the written lease should cover rent amount, due dates, duration, renewal terms, and any rules on pets, guests, or property use. Changes to an existing lease require both parties’ consent, and writing them down prevents most of the disputes that follow later.
What Landlords Must Do
Under Indiana Code 32-31-8-5, a landlord must deliver the rental unit in a safe, clean, and habitable condition and keep it that way through the tenancy. Where the following systems existed at the start of the lease, the landlord must keep them in good and safe working order:2Indiana General Assembly. Indiana Code 32-31-8-5 – Landlord Obligations
- Electrical wiring, outlets, and fixtures.
- Plumbing, with a reasonable supply of hot and cold running water at all times.
- Heating adequate at all times, and air conditioning if it was provided at move-in.
- Sanitary, sewage, and waste systems.
- Elevators, and any appliances the landlord supplied under the lease.
Landlords must also follow applicable health and housing codes and keep common areas clean and in proper condition. In Johnson v. Scandia Associates, the Indiana Supreme Court recognized that an implied warranty of habitability may apply to residential leases depending on the circumstances, giving tenants a possible breach-of-contract claim where a landlord fails to maintain habitable conditions.3FindLaw. Johnson v. Scandia Associates Inc (1999)
What Tenants Must Do
Tenant duties are set out in Indiana Code 32-31-7-5, and they are not just good manners. Violating them can support eviction or deductions from a deposit:4Indiana General Assembly. Indiana Code 32-31-7-5 – Tenant Obligations
- Keep the areas you occupy reasonably clean.
- Use electrical, plumbing, sanitary, heating, and air conditioning systems reasonably.
- Do not deface, damage, destroy, or remove any part of the unit.
- Follow the reasonable rules in place when you signed, plus any amendments the lease allows.
- Keep smoke detectors working. Batteries are on you; if a hardwired unit isn’t working, tell the landlord.
Tenants also have to comply with applicable health and housing codes.
Entry by the Landlord
Indiana Code 32-31-5-6 requires landlords to give reasonable written or oral notice before entering and to enter only at reasonable times.5Indiana General Assembly. Indiana Code 32-31-5-6 The statute does not set a specific number of hours the way some other states do. What counts as reasonable depends on the situation, though 24 hours is the widely followed informal standard.
The statute also bars landlords from abusing the right of entry or using it to harass a tenant. Repeated unannounced visits, entry at odd hours without cause, or entry used as pressure violates the law. If your lease specifies a notice period, that adds a contractual layer on top of the statute.
Security Deposits
Indiana caps nothing on the front end — there is no state limit on how much a landlord can charge as a security deposit. The rules on the back end are strict.
After the lease ends and the tenant surrenders possession, the landlord has 45 days to return the deposit. Any deductions must be itemized in a written notice delivered inside that same 45-day window. Deductions are limited to three categories:6Indiana General Assembly. Indiana Code 32-31-3-12 – Return of Deposits, Deductions, Liability
- Accrued rent still owed at move-out.
- Damages the landlord has suffered or will reasonably suffer from the tenant’s noncompliance with the lease or the law. Normal wear and tear does not count.
- Unpaid utilities or sewer charges the tenant was responsible for under the lease.
The 45-day clock does not start until the tenant gives the landlord a forwarding address in writing. If you move out and never provide one, you cannot claim the deposit is late. On the other side, a landlord who misses the deadline after receiving that address can be held liable for the entire deposit plus reasonable attorney’s fees.6Indiana General Assembly. Indiana Code 32-31-3-12 – Return of Deposits, Deductions, Liability Tenants also cannot apply the deposit to the last month’s rent on their own unless the lease specifically allows it.
Rent, Increases, and Late Fees
Indiana has no rent control. Landlords can set rent at whatever the market bears, and there is no statewide cap on increases between lease terms. During an active fixed-term lease, however, a landlord generally cannot raise rent unless the lease itself allows a mid-term increase. For a month-to-month tenancy, the landlord can change the rent by giving proper notice before the next rental period.
There is also no statutory cap on late fees. Whether a late fee sticks depends on the lease and whether a court finds the amount reasonable rather than punitive. Read the late fee provisions, grace periods, and any compounding language before signing.
Ending a Lease
How much notice you need depends on the type of tenancy. For periodic tenancies of three months or less, including month-to-month, the notice required equals one full rental period.7Indiana General Assembly. Indiana Code 32-31-1-4 So on a month-to-month, either side must give at least one month’s notice before the next rent due date.
A fixed-term lease ends on the date in the agreement without any notice, unless the lease says otherwise. Indiana does not automatically renew a fixed-term lease that runs out; the tenant is expected to vacate, and staying past expiration without the landlord’s agreement can trigger eviction. If your lease has an automatic renewal clause, watch the opt-out deadline. Missing it by a day can lock you into another term.
Breaking a Lease Early
A tenant who leaves before the term ends is on the hook for the remaining rent, but the landlord has to make reasonable efforts to re-rent the unit at a fair market rate. If a replacement tenant is found, the original tenant’s liability drops to the difference between what was owed and what the landlord collects, plus reasonable re-rental costs. A landlord who lets the unit sit empty and sues for the full remainder will likely see the damages reduced in court.
Eviction
Indiana requires landlords to follow specific procedures, and skipping steps can get a case thrown out.
Nonpayment of Rent
For nonpayment, the landlord must give at least 10 days’ written notice before terminating the lease. The tenant can stop the process by paying the full amount owed inside that window.8Indiana General Assembly. Indiana Code 32-31-1-6 – Rent, Refusal or Neglect to Pay A single late payment does not have to end the tenancy if the money shows up in time. The lease can set different terms if both parties agreed to them.
Other Violations and Self-Help
For lease violations other than nonpayment, the landlord has to follow the residential eviction procedures in Indiana Code 32-31-10, which means filing suit and going through court. Self-help evictions are illegal. Changing the locks, removing doors, shutting off utilities, or hauling out the tenant’s belongings all expose the landlord to liability.
Early Termination for Active-Duty Servicemembers
The federal Servicemembers Civil Relief Act lets active-duty military members end a residential lease early without penalty on qualifying orders. The lease must have been signed before entering service, or during service before receiving permanent change-of-station orders, deployment orders of 90 days or more, or separation and retirement orders.9Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases
To use the right, the servicemember delivers written notice with a copy of the orders to the landlord or the landlord’s agent. On a monthly lease, termination takes effect 30 days after the next rent payment falls due following proper notice.10U.S. Department of Justice. Financial and Housing Rights Early termination fees are not allowed, and the Department of Justice takes the position that requiring repayment of rent concessions or discounts also violates the SCRA. If a servicemember dies during military service, the spouse may terminate within one year of the death.9Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases
Lead Paint Disclosure in Older Housing
Federal law requires landlords renting units built before 1978 to make specific lead-based paint disclosures before a tenant signs. The landlord must provide the EPA pamphlet “Protect Your Family from Lead in Your Home,” disclose known lead-based paint or hazards, share any inspection reports, and include a lead warning statement in or attached to the lease.11U.S. Environmental Protection Agency. Lead-Based Paint Disclosure Rule Fact Sheet
The rule does not require testing or removal — only disclosure of what is already known. Skipping it is expensive: a landlord who fails to disclose properly can be sued for triple the damages and may face additional civil and criminal penalties. Signed disclosures must be kept for at least three years after the lease begins. The rule exempts post-1977 housing, short-term rentals of 100 days or less, and certain senior or disability housing where no children under six live.11U.S. Environmental Protection Agency. Lead-Based Paint Disclosure Rule Fact Sheet
Fair Housing
The federal Fair Housing Act bars landlords from refusing to rent, setting different terms, or otherwise discriminating based on race, color, religion, national origin, sex, familial status, or disability. Indiana’s civil rights law, enforced by the Indiana Civil Rights Commission, provides additional protections. Complaints can be filed with the ICRC or with the U.S. Department of Housing and Urban Development.
In rentals, violations tend to look like steering families with children away from certain units, requiring larger deposits from tenants of a particular background, or refusing reasonable accommodations for disability. The protections cover advertising, screening, lease terms, and the whole tenancy, not just the initial decision to rent.
Where Disputes Get Resolved
Most tenant-landlord disputes that reach court in Indiana land in small claims, which handles cases up to $10,000 in damages, not counting interest or attorney’s fees.12Indiana General Assembly. Indiana Code 33-34-3-2 – Contract and Tort Jurisdiction Security deposit fights, unpaid rent claims, and property damage cases usually fit inside that limit. Small claims is designed to be informal and does not require an attorney, though you can bring one.
For higher-value disputes or more complex legal issues, circuit or superior court has jurisdiction. Mediation and arbitration are also available, and some leases contain mandatory arbitration clauses, so check your lease before assuming the fight will play out in court.