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!
Good stuff, thanks for the easy overview. Last thing I want to do is crawl all over the net trying to sift through legalese.
I hear that! Thanks for the comment, we always love feedback (especially positive)!
So i let a friend who was homeless live with me for a. While to get back on his feet. He is going behind my back and telling people that since he has received mail here that when i ask him to leave he will legally be able to stay for an additional 30-60 days. He is not on the lease. Nor does he pay rent. Is this true
My landlord charges a $150 monthly fee for going month to month rather than signing a new lease. Is that legal?
Hi,
I came from Illinois. Currently I am in Bloomington, IN.
I have a rent increase issue with the previous leasing agency the Arch. I feel that I overpaid rent. I try to have it back. May I ask if you are are willing to review a letter that I wrote to see if there is anything that can be done?
Thanks.
Y. Wang
Thanks for the quick reference! Some rental law guides on the internet are longwinded, like that yours is short ‘n sweet. Cheerio
What we’re here for! Don’t hesitate to send us suggestions, we love hearing from readers.
Thanks for the summary, was a lot easier than sifting through legal websites!
After 7 years at the apartment complex I live at we are having to sign a new lease (new property owner – 2 years ago – and now a new property manager). I think there are several things in it that are actually illegal for the landlord to have in there. I have to sign it but I don’t want to. I told the property managers in an email that I felt uncomfortable signing it but if we don’t we face being evicted. They are saying WE are responsible for removing ice and snow from in front of our apartments – I don’t know what the people upstairs are supposed to do since the stairs are not enclosed. The lease says we have to have the carpets professionally cleaned when we move out and give them a receipt proving that we did (I clean our carpets at least once a month and they were worn out and stained when we moved in – that is on our original walk-thru list). They are saying if you have a returned check it is $50 for each one and a daily late fee of $25. What do you think? Also, our dumpster (we only have one for about 30 apartments) is not covered and only emptied once a week so there is always trash laying around. After all the years we have lived there, they are now saying smoking is strictly prohibited and we will be charged on moveout for cleaning and that if we are caught smoking in our apartment we will be evicted. We have never been prohibited from smoking before – our apartment does not reek but we have always smoked in it.
I was charged $250.00 late fee by landlord for last month and the rent is only $800.00. That’s over 30% and seems very unreasonable. What options for recourse do I have?
I have a query, I am moving to Indiana Bloomington in August 2017 as a student, and I leased an apartment from August 4th and the lease was signed and all formalities completed as much as the landlord has informed. Now the Landlord has sent me an email stating that the current renters of the apartment would like to renew the lease and I am in a fix, they mentioned that renters are supposed to ask for renewal by April of the year even if their lease ends in June or July. It is very difficult for me to get a new apartment with other landlord as it is now the peak period and apartments are getting full left and right.
They did state they have another apartment but there is no revert from them when I asked for information.
This is the second time this has happened, the first time I complied, is there any way to ensure they won’t do it again or do I have any way to prevent my lease from being cancelled by them?
How much can a property manager or landlord increase your rent
Can a landlord charge a maintenance fee? Example, in the proposed lease we have been given, every time there is a maintenance issue we will be responsible for the first $100 of the repair bill. So if the water heater breaks we have to pay the first$100 to fix it. Is this permissible in Indiana?
My landlord wants me to sign a notice acknowledging that he is raising rent after lease is over. What happens if I don’t sign? Or will the state of Indiana accept that he did it orally?
I submitted my comment, it said an error occurred.
Did uou recieve?
My landlord is selling the condo I’m renting. Lease expires July 1.
An offer to purchase has been accepted by landlord.
Landlord and Realtor have sent me a notice that I must move in 60 days. This is the move in date agreed to by the buyer and landlord.
There is no clause in my lease outlining the termination terms in event of a sale.
What are my rights as a tenant to have to move in 60 days. Is there a state statute ?
My property manager is doing illegal drugs and the smell is coming into my studio. I have several text messages and a recording proving this and talked to the owner ..his brother. My question is can I break my lease? Indiana
Lease is up, tenant was given 90 days notice that there is no option of renewing, and the tenant is still in the property. What do I do now and is the tenant obligated to continue paying until I have possession of the property?
I noticed on the renewal of my lease with a new mgmt company taking over Solana apts. in
Indianapolis that my water and sewage has tripled in price and they are adding a building fee of $10/mo. The building fee is to protect the community from damages to the property..not for the resident. The water and sewage is calculated by the number of people in the apt. And square footage.
Is this proper?
In Bloomington IN, can a landlord charge a full months rent if you move in on the 10th? So I am required to pay for the 1st through the 9th even thought I cannot move in until the 10th. Is that legal in Indiana?
That’s typically prorated but it’s something you work out with your landlord.
Hello, I’ve c worked out a deal to avoid eviction, and the deal spans a few months, my landlord is forcing me to add the water bill that I’m directly billed for and also for a late fee in January, I’m receiving that late fee again in February, and then a third time in March. SO by March the late fees will be 600 dollars for January, and 400 for February. Can my landlord legally keep adding late fees for a month they already charged my account?
I’m sorry to hear that Joshua. We can’t provide any legal advice however, as we are not attorneys.
Hello, we signed a lease in October to move in on December 15th. Upon arriving to the unit, the toilet doesn’t work and unit was never cleaned. The unit has the smell of animal waste. Do we have the right to break our lease if we are unable to move in at the time stated on the lease?
Is there a prorated law in Indiana, we have documented emails from a realtor that a prorated amount was agreed upon, however the realtor didn’t put in contract, shall we abide by contract and then seek small claims for negligence of realtor for not following through
Depends on where you are in the contract process. If you just signed, insist that the contract be amended.