Indiana Rent Increase Notice

Q: What is a rent increase notice in Indiana?

In Indiana it is a written notice from a landlord raising the rent on a residential tenancy, naming the new monthly rent and the date it takes effect. Indiana has no standalone rent-increase statute, so on a month-to-month tenancy the landlord gives the one-month written notice that ends a tenancy at will under Ind. Code 32-31-1-1. It changes one term, the rent, going forward, and rent under a fixed-term lease cannot move mid-term unless the lease allows it.

Q: How much notice must an Indiana landlord give before raising the rent?

On a month-to-month tenancy, at least one month written notice. Indiana has no dedicated rent-increase day-count, so the increase follows the notice that ends a tenancy at will under Ind. Code 32-31-1-1(a), which is one month delivered in writing to the tenant. Indiana adds no mailing days, so count the full month from delivery. The increase takes effect only after that time runs.

Q: Is there a limit on how much an Indiana landlord can raise the rent?

No. Indiana has no statewide rent cap. Under Ind. Code 32-31-1-20 a unit of local government may not regulate rental rates for privately owned real property unless the general assembly authorizes it, so an Indiana landlord may name the new figure and no statewide or local percentage ceiling applies. The limits are proper written notice and, where a fixed-term lease applies, the terms of that lease.

Q: Can an Indiana landlord raise the rent during a fixed-term lease?

Generally no. In Indiana, rent under a fixed-term lease is a set term of the contract, so it cannot move mid-term unless the lease allows it. A rent increase notice reaches a month-to-month tenancy at will, or takes effect when a fixed-term lease renews. On a month-to-month tenancy the landlord raises the rent with at least one month written notice under Ind. Code 32-31-1-1.

Q: What must an Indiana rent increase notice include?

An Indiana rent increase notice should name the landlord and tenant, the rental address, the current and new monthly rent, and the effective date. It should confirm the notice gives at least the one month written notice Ind. Code 32-31-1-1(a) uses to change or end a month-to-month tenancy at will, and state how rent is to be paid. There is no statewide cap the amount must stay within.

Q: Do local ordinances change the rules in Indiana cities?

Not for the amount. Under Ind. Code 32-31-1-20 an Indiana unit of local government may not regulate rental rates for privately owned property unless the general assembly authorizes it, so no city may cap a rent increase or set its own rent control. The statewide one-month notice for a month-to-month tenancy under Ind. Code 32-31-1-1 governs, and a written lease may set its own longer notice by agreement.

Q: What happens if an Indiana rent increase notice gives too little notice?

An Indiana increase served with less time than the law requires does not take effect on the date stated. Under Ind. Code 32-31-1-1(a), a month-to-month increase is effective only after at least one month written notice, delivered to the tenant, runs. A tenant may treat a short or improper notice as not yet effective and keep paying the prior rent until a proper one-month period passes.

Indiana has no dedicated rent-increase statute. To raise the rent on a month-to-month tenancy a landlord gives a one-month written notice under Ind. Code 32-31-1-1, and Indiana has no statewide rent cap. Attorney review available.

Introduction

Indiana measures the notice behind a rent increase in months, not days. There is no dedicated rent-increase statute; instead a month-to-month tenancy is a tenancy at will, and a tenancy at will is ended by a one-month written notice delivered to the tenant under Ind. Code 32-31-1-1(a). So an Indiana landlord raises the rent by giving at least one month written notice of the new terms, or by ending the tenancy at will on that notice and re-offering it at the new rent. A rent increase notice is the written notice carrying the new rent, naming the amount and its effective date. Indiana sets no ceiling on the increase: there is no statewide rent cap, and under Ind. Code 32-31-1-20 a unit of local government may not regulate rental rates for privately owned property unless the general assembly authorizes it, so no city may impose one and the landlord names the new figure. Rent under a fixed-term lease cannot move mid-term unless the lease allows it; the notice reaches a month-to-month tenancy or takes effect at renewal. The one-month notice must be in writing and delivered to the tenant, and because Indiana adds no mailing days, the full month is counted from delivery. DocDraft builds your Indiana rent increase notice from your facts, with attorney review available before you serve it.

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Key Things to Know

1
An Indiana rent increase notice is a written notice from landlord to tenant raising the rent on a residential tenancy, naming the new monthly rent and the date the increase takes effect.
2
Indiana has no dedicated rent-increase statute; a month-to-month tenancy is a tenancy at will, ended by a one-month written notice delivered to the tenant under Ind. Code 32-31-1-1(a), so a rent increase on it is given with at least one month written notice.
3
The landlord raises the rent by giving that one-month written notice of the new terms, or by ending the tenancy at will on one month notice and re-offering it at the new rent.
4
Indiana has no statewide rent cap, and under Ind. Code 32-31-1-20 a unit of local government may not regulate rental rates for privately owned property unless the general assembly authorizes it, so the landlord names the new figure with no percentage ceiling.
5
Rent under a fixed-term lease cannot move mid-term unless the lease allows it; the notice reaches a month-to-month tenancy or takes effect at renewal.
6
The one-month notice under Ind. Code 32-31-1-1(a) must be in writing and delivered to the tenant; Indiana adds no mailing days, so count the full month from delivery and keep proof of how and when it was served.
7
Because Indiana preempts local rent-rate regulation, no city may cap an increase, and a notice short of the required time does not take effect until a proper one-month period runs.

Key decisions before you file

Before you file a Rent Increase Notice in Indiana, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.

Open the Rent Increase Notice guide

Customize your Rent Increase Notice Template with DocDraft

[LANDLORD / PROPERTY OWNER NAME] [LANDLORD ADDRESS] [CITY, INDIANA ZIP] [EMAIL] [PHONE]

[DATE]

[TENANT NAME] [RENTAL ADDRESS, UNIT #] [CITY, INDIANA ZIP]

Re: Notice of rent increase for [RENTAL ADDRESS, UNIT #], Indiana

Dear [TENANT NAME]:

This letter is your formal written notice that the monthly rent for the residence you occupy at [RENTAL ADDRESS] in Indiana is being raised. You now hold this property on a month-to-month tenancy at $[CURRENT MONTHLY RENT] per month.

Starting [EFFECTIVE DATE], the monthly rent becomes $[NEW MONTHLY RENT], due on the same day each month and paid the same way as now. That is a change of $[INCREASE AMOUNT], or [PERCENT] percent of your current rent.

Indiana has no separate rent-increase statute. A month-to-month tenancy is a tenancy at will, and a tenancy at will is ended by a one-month written notice delivered to the tenant under Indiana Code 32-31-1-1(a). Because Indiana sets no separate day-count for a rent increase, that one-month tenancy-at-will notice is what carries this change. This letter gives you at least one month written notice before the new rent applies, and the effective date above falls at least one month after this notice is delivered. Indiana adds no mailing days, so the full month is counted from delivery, and until the effective date your current rent of $[CURRENT MONTHLY RENT] continues to apply.

Indiana has no statewide rent cap. This amount is set by agreement and proper notice, not by a statewide percentage limit. Under Indiana Code 32-31-1-20, a unit of local government may not regulate rental rates for privately owned property unless the general assembly authorizes it, so no Indiana city caps this amount.

Every other term of your tenancy stays the same. This notice adjusts only the rent going forward; it leaves your security deposit and all other terms of the rental agreement unchanged, and it does not end your tenancy so long as you accept the new rent. You may accept the new rent and stay, talk the amount over with me, or give proper written notice and move before it takes effect. If you think this notice falls short of the one month Indiana requires, write to me so we can go over the dates.

Please update your records so the payment due on or after [EFFECTIVE DATE] reflects the new monthly rent of $[NEW MONTHLY RENT]. If you remain in the property on or after that date, the new rent applies.

Sincerely,

[LANDLORD / PROPERTY OWNER NAME]

Delivery record: This notice was served on [DATE] by [personal delivery / mail to the address above]. Keep a copy for your records.

Note: This Indiana rent increase notice draws on Indiana Code 32-31-1-1. Indiana uses a one-month notice for a month-to-month tenancy and has no statewide rent cap, and local rent-rate regulation is preempted under Indiana Code 32-31-1-20. For the generic template and other states, see the Rent Increase Notice hub.

Indiana Requirements for Rent Increase Notice

One-Month Notice on a Month-to-Month Tenancy
Indiana has no dedicated rent-increase statute. A month-to-month tenancy is a tenancy at will that is ended by a one-month written notice delivered to the tenant under Ind. Code 32-31-1-1(a), so a rent increase on a month-to-month tenancy is given with at least one month written notice. The effective date must give the tenant at least that one month.
No Statewide Rent Cap
Indiana has no statewide rent cap. Under Ind. Code 32-31-1-20 a unit of local government may not regulate rental rates for privately owned real property unless the general assembly authorizes it, so an Indiana landlord may set the new amount and no statewide or local percentage ceiling applies.
No Mid-Lease Increase on a Fixed Term
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. An Indiana rent increase notice applies to a month-to-month tenancy at will or takes effect when a fixed-term lease renews.
Delivery of the Notice
The one-month notice under Ind. Code 32-31-1-1(a) must be in writing and delivered to the tenant. Indiana does not add statutory mailing days to this notice, so count the full month from delivery, and keep proof of how and when the notice was served in case the increase is later disputed.
Counting the Effective Date
Count at least one month from when the notice is delivered to the tenant for a month-to-month tenancy at will under Ind. Code 32-31-1-1(a). Indiana adds no mailing days. The increase takes effect only on or after the first day past that one-month period stated in the notice.
What the Notice Must State
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date, confirming it gives at least the one month written notice Ind. Code 32-31-1-1(a) uses to change or end a month-to-month tenancy at will. There is no statewide cap the amount must stay within.
Local Rent Regulation Is Preempted
Under Ind. Code 32-31-1-20 an Indiana unit of local government may not regulate rental rates for privately owned real property unless the general assembly authorizes it, so no Indiana city may cap a rent increase or set its own rent control. The statewide one-month notice under Ind. Code 32-31-1-1 governs, and a written lease may set its own longer notice by agreement.
What a Short Notice Means
A rent increase served with less time than the law requires does not take effect on the stated date. Under Ind. Code 32-31-1-1(a), a month-to-month increase is effective only after at least one month written notice, delivered to the tenant, has run. A tenant may treat a short or improper notice as not yet effective and continue paying the prior rent until a proper one-month period passes.

Frequently Asked Questions

What is a rent increase notice in Indiana?

How much notice must an Indiana landlord give before raising the rent?

Is there a limit on how much an Indiana landlord can raise the rent?

Can an Indiana landlord raise the rent during a fixed-term lease?

How does an Indiana landlord deliver a rent increase notice?

What must an Indiana rent increase notice include?

Do local ordinances change the rules in Indiana cities?

What happens if an Indiana rent increase notice gives too little notice?

Introduction

Key Things to Know

Key decisions before you file

Customize your Rent Increase Notice Template with DocDraft

Indiana Requirements for Rent Increase Notice

One-Month Notice on a Month-to-Month Tenancy

No Statewide Rent Cap

No Mid-Lease Increase on a Fixed Term

Delivery of the Notice

Counting the Effective Date

What the Notice Must State

Local Rent Regulation Is Preempted

What a Short Notice Means

Frequently Asked Questions