What types of rental accommodations are covered by legislation governing residential tenancies in Indiana?

State law covers rental agreements for dwelling units.

What types of rental accommodations are NOT covered by this legislation?

The residential landlord-tenant laws do not apply to any of the following accommodations unless the arrangement was created to avoid application of the laws:

(a) Rental units owned or operated by an institution that is directly related to detention or the provision of medical care, maternity home care, education, counseling, religious service, geriatric service, or a similar service.
(b) Occupancy under a contract of sale of a rental unit or the property of which the rental unit is a part if the occupant is the purchaser or a person who succeeds to the purchaser's interest.
(c) Occupancy by a member of a fraternal or social organization in the part of a structure operated for the benefit of the organization.
(d) Transient occupancy in a hotel, motel, or other lodging.
(e) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in or about the premises.
(f) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.
(g) Occupancy under a rental agreement covering property used by the occupant primarily for agricultural purposes.

Is it necessary to have a written lease or rental agreement in Indiana?

In the State of Indiana, a lease can be written or oral. An oral lease is just as binding as a written one but its terms are more difficult to prove. A written lease is recommended.

The lease can be either for a fixed term (such as 1 year) or for a periodic tenancy (such as month-to-month). Leases for more than 3 years must be registered in the County Recorder's Office.

What about a signed move-in move-out inspection report?

There are city ordinances in some places which require landlords to initiate a joint inspection of a rental unit with new tenants at the beginning of each lease, which must be done within a certain period of time after the tenants move in and again at the end of the tenancy. All problems must be noted on the inspection form. An inspection report is recommended, in order to protect both parties and to ensure fair and proper reimbursement of the security deposit.

Can the landlord charge a deposit?

Yes, a landlord can charge a security deposit, which can be applied to outstanding rent, to damages the landlord has or will reasonably suffer due to the tenant’s noncompliance with the rental agreement or applicable law, and unpaid utility / sewer charges.

State law requires the landlord to return the security deposit within 45 days after the end of the tenancy. If the landlord makes a deduction from the deposit, he / she must also provide an itemized list of such deductions. The tenant must provide the landlord with a forwarding address in writing before this section of the law applies.

When is the landlord allowed to increase the rent?

The landlord must give the tenant at least 30 days written notice before making any changes to the rental agreement, which would include raising the rent.

Can the landlord levy additional charges for late rent?

Late fees are allowed if they are stated in the lease, as long as they are not excessive.

How can a lease be terminated?

A fixed term lease can only be terminated when the lease term expires. A periodic tenancy can be terminated by either party giving the other party written notice equal to the amount of time between rental payments. If rent is paid monthly, 1 month's notice must be given. If rent is paid weekly, 1 week's notice is required.

Can a tenant sublet the rental premises?

The lease agreement generally requires that a tenant get the landlord’s permission to sublease. If the lease does not address subletting, it is allowable if the parties agree.

When is the landlord permitted to enter the premises?

Unless there is an agreement in the lease or an emergency, a tenant has the right to privacy in the rental unit. This means that a landlord should give advance notice of entry and the tenant has the opportunity to refuse if entry is inconvenient. State law does not address how much notice the landlord is required to give. The parties should agree on what constitutes reasonable notice and include it in the terms of the lease.

On what grounds can a landlord evict a tenant?

A landlord can evict a tenant for non-payment of rent, for breaching other provisions of the lease, for causing damage to the premises, for causing a disturbance to other tenants or neighbors. A landlord can obtain an emergency possessory order if the court decides that there is impending risk of serious harm or damage to the premises.

A landlord must file a complaint for eviction and get a court order before a tenant can be evicted. The landlord cannot change the locks, remove doors or windows or appliances, reduce or cut off utilities or essential services in order to force a tenant to move out.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.