Whether you’re renting a place in Indianapolis and can’t get your apartment’s air conditioning fixed or you’re a landlord in Bloomington with some unruly Hoosier undergrads on your hands, knowing your rights under Indiana’s landlord and tenant laws can save you from a lot of headaches. Here is a brief introduction to leases and rental agreements under Indiana law.
What Law Applies to Leases and Rental Agreements?
Generally, the landlord-tenant relationship is regulated at the state level through lease and rental agreement laws. These laws typically place limits on how much of a security deposit a landlord may require and which types of discrimination are prohibited. Certain states have additional tenant rights laws that may protect tenants in certain kinds of disputes.
Indiana lease and rental agreement laws do not cap security deposits, do not require interest on deposits, and require deposit remainders to be returned within 45 days of termination of lease. Lease and rental agreement laws can vary from state to state, and Indiana’s are highlighted in the chart below.
| Code Section | 22-9.5-3-4; 22-9.5-5-1; 32-7-5-12; 31-31-8-5 |
| Terms of Leases | Holding over from a year tenancy and paying rent creates year-to-year tenancy (Alleman v. Vink, 62 N.E. 461) |
| Deposits | No limits on deposit; interest on deposit not required; any damages subtracted must be itemized and returned within 45 days of termination |
| Discrimination | No discrimination on basis of race, color, religion, sex, familial status, handicap, or national origin; housing for older persons exempted |
| Uniform Residential Landlord & Tenant Act Adopted? | Partial |
What Is the Uniform Residential Landlord & Tenant Act?
As referenced in the chart above, the Uniform Residential Landlord & Tenant Act (URLTA) is an attempt to simplify and standardize landlord-tenant law across the states. Indiana has adopted some URLTA sections covering compliance with the building and housing codes and supplying utilities, heat, and running water. Additional URLTA responsibilities for landlords include making all repairs and keeping the premises in a fit and habitable condition. Tenants, on the other hand, are required to keep their part of the premises as clean and safe as possible, dispose of garbage in a clean and safe manner, and may not deliberately or negligently remove, destroy, or otherwise damage any part of the premises.
Indiana Lease and Rental Agreements Laws: Related Resources
State real estate laws are subject to change and contacting an Indiana landlord-tenant attorney may be the best way to understand your rights and responsibilities. You can also continue your own legal research by visiting FindLaw’s Leases and Rental Agreements section.
