Indiana Rent Increase Notice
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.
Key Things to Know
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Indiana Requirements for Rent Increase Notice
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
The one-month notice under Ind. Code 32-31-1-1(a) must be in writing and delivered to the tenant. An Indiana landlord commonly hands it to the tenant or otherwise delivers it so the tenant receives it. Indiana adds no mailing days, so count the full one month from delivery. Keep proof of how and when it was served in case the increase is later disputed.
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.
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.
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.