Indiana Roommate Agreement
The Indiana rules that shape the document: no lodger law, no statewide right to add a roommate, and a state statute that bars every Indiana city from adding its own overlay.
Find out where you stand in Indiana
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Introduction
A roommate agreement is a contract between co-tenants that divides rent, chores, and shared expenses and sets house rules. It is not a lease, it does not bind the landlord, and it does not change what the lease says. In Indiana, no statute gives a tenant an affirmative right to add a roommate, and no lodger law lets an owner-occupier remove a roommate without a formal eviction, so everything runs on the lease and Indiana's ordinary eviction process. Indiana also statutorily bars every city, county, and township from layering its own landlord-tenant or roommate rule on top of state law, so unlike Chicago, Seattle, or New York City there is no local overlay anywhere in Indiana to check.
Key Things to Know
- 1
In Indiana, no roommate can remove another roommate on their own, even with a signed agreement. There is no lodger-removal shortcut like California's, so only the landlord, through a formal court eviction, can remove someone with an established tenancy.
- 2
Indiana has no statewide statute giving a tenant an affirmative right to add a roommate, unlike New York's Roommate Law or Oregon's roommate statute. Whether you can add or replace an occupant, and whether that person becomes a co-tenant or stays an occupant of the original tenant, depends entirely on the lease.
- 3
No Indiana statute or reported case sets a default joint-and-several liability rule for roommates who sign one lease together. The lease itself controls what each Roommate owes the landlord, so this Agreement should state each Roommate's share and a reimbursement process in writing.
- 4
Indiana's security deposit statute (IC 32-31-3-10) defines a tenant as a single individual and governs only the landlord's return of a deposit. It says nothing about dividing a jointly paid deposit among roommates when one moves out; your written agreement is the only thing that governs that split.
- 5
Indiana Code 32-31-1-20(c) bars every Indiana city, county, and township from regulating landlord-tenant relationships, including tenant screening and lease terms, unless the General Assembly authorizes it. This forecloses a Chicago- or Seattle-style local roommate overlay anywhere in Indiana, including Indianapolis.
- 6
Indiana's Fair Housing Law exempts an owner who occupies one unit of a dwelling of four or fewer independent units from the state's discriminatory selection and advertising rules for that unit (IC 22-9.5-3-1(a)(2)). Indiana adds no protected classes beyond the federal Fair Housing Act list.
- 7
This Agreement is a contract between roommates only. It does not bind the landlord, does not modify the lease, and does not require the landlord's signature or consent to be valid between the roommates who sign it.
Key decisions before you file
Before you file a Roommate Agreement in Indiana, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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Indiana Requirements for Roommate Agreement
Indiana No Self-Help Removal Clause
Indiana has no lodger-removal shortcut and no statute letting one roommate remove another. Only the landlord can remove an occupant, and only through a formal court eviction. Include a clause confirming neither roommate will attempt self-help removal.
Indiana Occupancy and Subletting Deference to the Lease
Indiana has no statewide right to add a roommate, unlike New York's Roommate Law. Add a clause requiring the roommates to check the lease's occupancy and subletting terms and obtain any required landlord consent before adding or replacing an occupant.
Indiana Liability Allocation Clause
No Indiana statute or case sets a default joint-and-several liability rule for co-tenant rent. Add a clause allocating each roommate's actual share and a reimbursement mechanism for a roommate who pays more than their share to the landlord.
Indiana Security Deposit Division Clause
Indiana's security deposit statute does not address dividing a deposit among roommates and defines a tenant as a single individual occupant. Add a clause stating how deposit contributions and move-out reimbursement are handled among the roommates.
Indiana Statewide Preemption Notice
Indiana Code 32-31-1-20(c) bars every Indiana city, county, and township from regulating landlord-tenant relationships. Add a note confirming that no local ordinance applies on top of this Agreement and the lease anywhere in Indiana.