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Indiana Residential Lease Agreement

Indiana sets no statutory deposit cap and generally requires an itemized refund within 45 days. Create a free Indiana lease. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property: how much rent is owed, how long the tenancy lasts, what security deposit applies, each side's responsibilities, and how the tenancy can end. In Indiana, tenancies are governed by the Indiana Code, Title 32, Article 31 (Landlord-Tenant Relations), with security deposits addressed separately at IC 32-31-3. Indiana law sets no statutory cap on the deposit amount, and generally requires the landlord to deliver a written, itemized statement of any deductions along with the balance due within 45 days after the tenancy ends and the tenant returns possession. Indiana requires landlords to disclose, in writing at or before the tenancy begins, the name and address of the person managing the unit and the person authorized to receive legal notices for the owner, plus the federal lead-based-paint disclosure for housing built before 1978, and a flood-plain disclosure where the lowest floor sits at or below the 100-year flood elevation. Indiana law generally requires only reasonable written or oral notice before a landlord enters the unit, with no fixed number of hours set by statute. There is no statutory cap on late fees and no mandatory grace period, so the lease itself should state those terms. Ending a month-to-month tenancy generally requires notice equal to the rental interval (one month for a typical month-to-month tenancy), and Indiana preempts local rent-control ordinances statewide. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is a contract between a landlord and a tenant that fixes the rent, the length of the tenancy, the deposit, each side's duties, and how the tenancy ends.

  2. 2

    Indiana sets no statutory cap on the security deposit amount a landlord may charge (IC 32-31-3). The lease itself should state the deposit amount both parties agree to.

  3. 3

    After the tenancy ends, a landlord generally must deliver a written, itemized notice of any deductions along with the balance due within 45 days after termination and delivery of possession (IC 32-31-3-12). No interest or separate escrow account is required by statute.

  4. 4

    Indiana requires the landlord to disclose, in writing at or before the tenancy begins, the name and address of the person managing the unit and of the person authorized to receive legal notices for the owner (IC 32-31-3-18), plus the federal lead-based-paint pamphlet and disclosure for housing built before 1978.

  5. 5

    Entry notice: Indiana law generally requires only that a landlord give reasonable written or oral notice and enter only at reasonable times; the statute sets no fixed number of hours (IC 32-31-5-6).

  6. 6

    There is no statutory cap on late fees and no mandatory grace period before one may be charged, so the lease should state the late-fee amount and timing directly.

  7. 7

    Ending a month-to-month tenancy generally requires notice equal to the rental interval, meaning one month's notice for a typical month-to-month lease (IC 32-31-1-4). Indiana preempts local rent-control ordinances statewide (IC 32-31-1-20), so there is no rent-control or just-cause-eviction regime anywhere in the state.

Key decisions before you file

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

Open the Residential Lease Agreement guide

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INDIANA RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] (Landlord, sometimes called the lessor) and [TENANT NAME] (Tenant, sometimes called the lessee). Landlord leases to Tenant the residential property at [FULL RENTAL ADDRESS], Indiana, together with [PARKING/STORAGE, if any], for use as a residence only.

  2. TERM This lease begins on [START DATE] and is either (a) a fixed term ending on [END DATE], or (b) month-to-month starting on that date.

  3. RENT Tenant agrees to pay $[AMOUNT] per month, due on the [DAY] of each month at [PAYMENT LOCATION/METHOD]. Indiana sets no statutory cap on late fees and no mandatory grace period, so state your late-fee amount and any grace period here: [LATE FEE TERMS].

  4. SECURITY DEPOSIT Tenant will pay a security deposit of $[AMOUNT]. Indiana law sets no statutory cap on the deposit amount (IC 32-31-3). After the tenancy ends, Landlord generally must deliver a written, itemized notice of any deductions for unpaid rent, damages beyond ordinary wear, or unpaid utility/sewer charges, along with the balance due, within 45 days after termination and delivery of possession (IC 32-31-3-12). Landlord is not liable for the deposit until Tenant provides a written mailing address. No interest or separate escrow account is required by statute.

  5. DISCLOSURES If built before 1978, this property is subject to the federal lead-based-paint disclosure (42 U.S.C. 4852d); attach the required lead-paint pamphlet and disclosure form. Landlord also discloses in writing the name and address of [MANAGER NAME/ADDRESS], the person authorized to manage the unit, and of [AGENT NAME/ADDRESS], the person authorized to receive legal notices and process for the owner (IC 32-31-3-18). If the lowest floor of the structure is at or below the 100-year flood elevation, Landlord discloses that fact here: [FLOOD-PLAIN DISCLOSURE, if applicable] (IC 32-31-1-21).

  6. ENTRY Landlord shall give Tenant reasonable written or oral notice before entering the unit and shall enter only at reasonable times, and shall not abuse the right of entry or use it to harass Tenant (IC 32-31-5-6). Indiana law sets no fixed number of notice hours, so the parties agree Landlord will provide [NOTICE PERIOD, e.g., 24 hours] notice except in an emergency.

  7. MAINTENANCE AND USE Tenant will keep the unit clean and undamaged, use it only as a residence, and promptly notify Landlord in writing of any needed repairs. Landlord will maintain the property consistent with the Indiana Code and will not change locks, remove fixtures, or interrupt essential services except by judicial order, emergency, or good-faith repair (IC 32-31-5-6(c)).

  8. TERMINATION Either party may end a month-to-month tenancy by giving the other notice equal to the rental interval, generally one month's notice for a typical month-to-month tenancy (IC 32-31-1-4). Indiana preempts local rent-control ordinances statewide (IC 32-31-1-20), so there is no rent-control or just-cause-eviction regime anywhere in the state.

SIGNATURES Landlord: _____________________________ Date: [DATE] [LANDLORD NAME]

Tenant: _____________________________ Date: [DATE] [TENANT NAME]

Note: This is an Indiana skeleton governed by the Indiana Code, Title 32, Article 31 (Landlord-Tenant Relations), including the security-deposit chapter (IC 32-31-3). No notary or witness is required to sign an Indiana lease. For the complete, customizable template, see the full Residential Lease Agreement template.

Indiana Requirements for Residential Lease Agreement

No Statutory Security Deposit Cap

Indiana Code Chapter 32-31-3 sets no maximum on the amount a landlord may charge as a security deposit. The lease itself should state the deposit amount both parties agree to.

Deposit Return Within 45 Days, Itemized

IC 32-31-3-12 generally requires the landlord to deliver a written, itemized notice of any deductions for unpaid rent, damages, or unpaid utility/sewer charges, along with the balance due, within 45 days after termination of the tenancy and delivery of possession. Failure to comply lets the tenant recover the full deposit plus reasonable attorney's fees.

Written Mailing Address Required Before Return

Under IC 32-31-3-12, the landlord is not liable for returning the deposit until the tenant supplies a written mailing address. No interest or separate escrow account is required by statute.

Manager and Agent Disclosure

IC 32-31-3-18 generally requires the landlord to disclose, in writing at or before the tenancy begins, the name and address of the person authorized to manage the dwelling and the person authorized to receive legal notices and process for the owner.

Federal Lead-Based Paint and Flood-Plain Disclosures

For any rental unit built before 1978, federal law (42 U.S.C. Section 4852d) requires an EPA-approved lead-based-paint pamphlet and a signed disclosure statement. Where the lowest floor of the structure is at or below the 100-year flood elevation, IC 32-31-1-21 generally requires the landlord to clearly disclose that fact in the lease.

Reasonable Entry Notice, No Fixed Hours

IC 32-31-5-6 generally requires a landlord to give the tenant reasonable written or oral notice before entering, to enter only at reasonable times, and not to abuse or use the right of entry to harass the tenant. The statute sets no fixed number of notice hours, so the lease should state the parties' agreed practice.

No Statutory Late-Fee Cap or Grace Period

Indiana Code Article 32-31 contains no provision capping late fees and no mandatory grace period before one may be charged. Any late-fee amount or grace period should be written directly into the lease.

Month-to-Month Notice and Statewide Rent-Control Preemption

Under IC 32-31-1-4, ending a month-to-month tenancy generally requires notice equal to the rental interval between periods, meaning one month's notice for a typical month-to-month tenancy. IC 32-31-1-20 preempts local units from regulating rental rates, security deposits, or fees, so there is no rent-control or just-cause-eviction regime anywhere in Indiana.

Frequently Asked Questions

An Indiana lease should name the landlord and tenant, describe the rental address, state the rent amount and due date, set the deposit amount, and describe the tenancy term and how it ends. It should also disclose the name and address of the person managing the unit and the person authorized to receive legal notices for the owner, which Indiana law requires in writing at or before the tenancy begins (IC 32-31-3-18).

Indiana sets no statutory cap on the security deposit amount (IC 32-31-3). The landlord and tenant agree on the amount in the lease itself. Whatever amount is charged, the landlord generally must return it, minus itemized deductions, within 45 days after the tenancy ends and possession is returned (IC 32-31-3-12).

Yes. You can generate a customizable Indiana residential lease agreement at no cost using the full template, then fill in your rent, deposit, and term details. Attorney review is available afterward as an option if you want a lawyer to check the finished document.

No. A residential lease agreement in Indiana does not need to be notarized or witnessed to be valid. It becomes binding once the landlord and tenant sign it. Some landlords choose notarization anyway for extra proof of signing, but Indiana law does not require it.

Generally, no. Indiana law requires a landlord to give the tenant reasonable written or oral notice of intent to enter and to enter only at reasonable times; the landlord may not abuse the right of entry or use it to harass the tenant (IC 32-31-5-6). The statute does not set a fixed number of hours, so the lease can spell out what counts as reasonable notice for both parties.

Indiana generally requires the landlord to disclose, in writing at or before the tenancy begins, the name and address of the person managing the unit and the person authorized to receive legal notices for the owner (IC 32-31-3-18). The federal lead-based-paint disclosure applies to housing built before 1978, and a flood-plain disclosure applies where the lowest floor is at or below the 100-year flood elevation (IC 32-31-1-21).

A month-to-month tenancy in Indiana generally continues until either party gives notice equal to the rental interval, meaning one month's notice for a typical month-to-month lease (IC 32-31-1-4). Indiana has no statewide rent-control law, and local units are generally preempted from regulating rental rates or fees (IC 32-31-1-20).

Indiana sets no statutory cap on late fees and no mandatory grace period before one may be charged. The lease itself should state the late-fee amount and any grace period the parties agree to, since the Indiana Code is silent on both.