Indiana rental laws summary

Indiana, home of the Indianapolis 500! Indiana rents have increased at about an annual increase of 1.5%, and rents account for approximately 18% of the average median income for Indiana households. Along with the casinos in Shelbyville, the gold panning in Yellowwood State Forest, and the fairly relaxed state landlord-tenant regulations, Indiana offers more than good old Midwestern hospitality.

At a Glance:

Late Fees: There are no state statutes that limit late fees.

Security Deposit: No limitations on the amount of security deposits, pet deposits or non-refundable deposit or fees.

Returned Payment Fee Limit: $20 which must be written into the lease.

Notice to Enter: Reasonable amount of either verbal or written notice should be given.

Late Fee/Returned Check Fee:

There may be nothing written in the landlord tenant statutes with regards to a high limit of a late fee however, it is wise to use reasonable and fair amounts. Using an extremely high amount could be construed by a court of law as unfair. The fee for a payment that is returned by the bank as unpaid is $20. In order to collect this fee, it must be placed in the written lease.

Security Deposits:

The Indiana Code that regulates security deposits is found in IC 32-31-3. There is no limit on what a landlord may collect for a security deposit in Indiana. If a security deposit is collected, it must be returned to the tenant before the end of forty-five days. When any deductions are made for past due rent, physical damages to the rental unit beyond wear and tear or anything permitted under the law, an itemized list must accompany any left-over amount.

Maintenance:

Indiana landlord tenant code stipulates that not only must the landlord hand over the rental unit to the tenant in a safe and habitable manner but must comply with health and housing codes as well. In IC 32-31-8-5 (4), there is a descriptive list of what specifically a landlord is responsible for maintenance-wise.

IMPORTANT: When the landlord hands the keys to the tenant, the landlord must make sure and have tenant sign a written receipt that the rental premises has a working smoke detector. There is no circumstances when this is not required, therefore it is not permissible for it to be waived.

Right of Entry:

Indiana law dictates that the landlord shall give a tenant reasonable notice, either verbal or written. The law does state that the tenant must not be difficult when it comes to permitting the landlord entrance to provide maintenance, show the apartment to future purchasers, renters, contractors or for the purpose of obtaining a mortgage. The code further dictates that a landlord many not abuse this right.

Notice to End Lease: 

Generally speaking the terms in the lease tend to dictate how the lease ends. Generally, however, if nothing is in the lease and there is a definitive ending date, then at the end the tenant would move. No advance notice is needed. Now if a tenant runs on a year to year basis, then an advance notice by either party of ninety days is needed; a month to month tenancy or where a tenant pays rent monthly would require a thirty advanced notice. To end any other tenancy where the terms are not specifically in a lease, the amount of notice would be determined how often the rent is paid, for instance, week to week would require seven days.

 

Eviction:

First step, proper notice! Steps to follow when a tenant is not paying rent or in violation of other lease terms can be found in Article 31, Chapter 1, Section 6 of the Indiana Code (IC-31-1-6). If a tenant does not pay rent, a ten day advance written notice to either pay or leave must be given. This notice must be served personally. Whomever is giving the notice must explain to the tenant the contents of the notice. If the tenant cannot be found, the notice can then be posted in a noticeable area of the property. After the ten days’ elapse and the tenant has not paid nor vacated, the landlord may then go to the local juris court and file a complaint.

Questions? Ask an Indiana Attorney!

Have questions about Indiana’s landlord-tenant laws?  We have you covered.  Ask in the box below, to have your questions answered by living, flesh-and-blood attorneys!

DISCLAIMER: Wellspring Financial LLC DBA SparkRental.com is for informational purposes only! Any information, legal or otherwise is provided “as is” without any representations, truth, accuracy, exactness or warranties, expressed or implied. Any data, form, or information provided shall NOT be construed or taken to be legal advice. You must NOT rely on any data, form, or information on this website as an alternative to obtaining sound, legal advice from a licensed or professional legal service provider.

 

I want to know more about:

Automate Your Rents

Collect rent by credit card or bank transfer, with one-click income & expense reports, and instant late rent notices.

FREE for landlords 😎

Want to create passive income?

 

We’ll email a series of videos in our free course,

to help you start earning income from rentals.


Privacy Policy: Your info will never be shared or sold to a 3rd party. Even if Dr. Evil offers us 1 million dollars 🙂

Rental ROI Ebook

Want to earn more from your rentals?

 

Download our free Ultimate Guide to Higher ROI and be dazzled by the charming wit, disarming frogs and invaluable tips for higher profits and less work.

 


Free Mini-Course: Passive Income from 2-4 Unit Multifamilies

Free Mini-Course: Passive Income from 2-4 Unit Multifamilies

 

Ready to build passive income from small multifamily properties?

Over the next week, we'll email you a free series of videos, so enter your best email and let's get started!

You're in! Check your email to confirm, and you can email us directly at [email protected] with any questions :-)

beyond rent

Free Masterclass: 9 Alternative Real Estate Income Streams

FREE live masterclass, no sales pitch! Join us for 9 fresh ideas to go beyond rentals, for diversified passive income streams.

Your seat is reserved! Check your email to confirm.

Ready to Build Passive Income?

 

We'll email you the "recipe," plus a free mini-course on passive income over the next week, so enter your best email!

P.S. We never share your email, ever.

It's on! Check your email to confirm.

Ready to Build Passive Income?

Ready to Build Passive Income?

 

We'll email you the course videos over the next week, so enter your best email!

You're in! Check your email to confirm.

Free Masterclass: The 5 Year Plan to Retire on Rental Income

Free Masterclass: The 5 Year Plan to Retire on Rental Income

NEW free masterclass! Join us live for a clear-eyed look at what it takes to retire in 5 years on rental income.

Your seat is reserved! Check your email to confirm.

Ditch Your Day Job: Free 8-Video Course

 

Our brand new course on how to reach financial independence and retire early (FIRE) with rental properties is open for one week from Oct. 23-30!

You're in! Check your email for the link, or click here for the 1st video!

Share This