Under Indiana law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under Indiana Code Title 32 Article 31, such as the right to timely rent payments and a livable dwelling.Note: These rights cannot be waived regardless of what the rental agreement says.
In Indiana, landlords can’t legally rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Indiana’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Only Removal | Only Removal |
| Smoke and Carbon Monoxide (CO) Detectors | Only Smoke | No |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In Indiana, landlords must make repairs within a “reasonable time” after getting written notice from tenants, usually under two weeks. If repairs aren’t made in a timely manner, Indiana tenants can sue for costs, or a court order to force the landlord to make repairs. In severe cases, they might be able to move out and cancel the rental agreement. Read more
These are the most common reasons for pursuing evictions in Indiana:
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.
Indiana properties covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act are federally entitled to a minimum 30 days of advance notice before a landlord can file eviction for nonpayment of rent or fees. This applies even after the act’s other protections have expired. [1]
It’s illegal for Indiana landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Returns and Deductions: The following laws apply to the return of security deposits:
Notice Requirements: Tenants must give the following notice if they wish to break a lease early:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 30 Days |
| Month-to-Month | 3 Months |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Tenants are allowed to legally break a lease for the following reasons:
If an Indiana tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Indiana does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Indiana does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Landlords must give 30 days’ notice before increasing the rent.
Protected Groups: The Federal Fair Housing Act outlaws discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. This law does not apply to some owner-occupied homes or homes operated by religious organizations. Indiana does not offer any extra protection to groups not outlined in the Federal Fair Housing Act.
Discriminatory Acts and Penalties: Housing discrimination laws are handled by the Indiana Civil Rights Commission. The following actions may be interpreted as discriminatory when directed at a member of a protected group:
Indiana landlords found guilty of discrimination in housing may be liable for damages.
In addition to having laws that address general issues like repairs and security deposits, most states, including Indiana, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Indiana landlords have the right to enter rental property for inspections, maintenance, and property showings. Outside of emergencies, the landlord must allow reasonable advance notice before entering, generally at least 24 hours. While tenants can’t unreasonably withhold consent to enter, tenant consent is required for a landlord entry, even in most emergency situations.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. Indiana Small Claims Court is a division of Circuit Court, except Marion County Small Claims Court is its own division. The process takes approximately two to four months.
Indiana landlords are required to make the following mandatory disclosures:
Indiana landlords cannot unilaterally change the locks on a tenant, as this is an illegal form of “self help” eviction. Tenants can require a lock change from the landlord if they are victims of domestic abuse, and can change the locks themselves if the landlord refuses (as long as they provide copies of any new keys within 24 hours).
Many cities in Indiana have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, as well as the resources below.
…the notice provision did not expire with the temporary eviction moratorium… a thirty-day notice to vacate [is] required by 15 U.S.C. § 9058(c) before initiating eviction proceedings [for nonpayment of rent or other fees]…
Can a Tenant Change the Locks in Indiana? Indiana tenants generally can't change their locks without landlord permission. However, tenants who are recent victims of domestic abuse can require their landlord to perform a lock change. Read more » Can a Landlord Enter Without Permission in Indiana? No. Indiana law clearly states that the only way a landlord can enter without a tenant's permission is with a court order, or if the landlord has reason to believe the unit is abandoned. If the tenant is at home, the landlord needs permission to enter, even in emergencies (although emergencies don't require advance notice before entry). Read more » Is Indiana a “Landlord Friendly” State? Indiana is a generally landlord-friendly state because there are no rent control laws and standards for landlords are not strict relative to most of the United States. Read more » What Are a Tenant’s Rights in Indiana? Indiana tenants have the right to a habitable dwelling with working utilities and appliances. If the landlord violates this responsibility, tenants also have the right to get an injunction and monetary damages in court. In severe cases, they might be able to move out and cancel the rental agreement. Read more »
