Types (6)
Commercial (PDF)
A contract for renting land, buildings, or individual spaces to business tenants, covering permitted use, lease duration, and operating terms.
Lease-to-Own (PDF)
Combines a residential rental with a purchase option, allowing the tenant to buy the property at an agreed price during or at the end of the lease.
Month-to-Month
A rolling lease that auto-renews every 30 days until either party provides at least 1 month’s notice to terminate.
Roommate (PDF)
Signed by individuals sharing a rental property to define each person’s share of rent, utilities, and household obligations.
Standard (Residential)
The standard fixed-term lease for renting residential properties in Indiana, covering rent, deposit, and both parties’ rights for the agreed term.
Sublease (PDF)
Permits an existing tenant to transfer their rental obligations to a subtenant for part or all of the time remaining on the lease.
Renting in Indiana
| Most Common Rental Type | Apartments |
| Average Rent | $1,104/mo |
| Households That Rent | 29.3% |
| Average Renter Household Size | 2.1 |
| Rental Vacancy Rate | 9.9% |
Source: U.S. Census Bureau, American Community Survey (2024)[11] & Housing Vacancy Survey (2024)[12]
What is an Indiana Lease Agreement?
An Indiana lease agreement documents the conditions of a tenancy between a property owner and a renter. It puts the rent amount, lease term, and maintenance expectations in writing for both sides.
Indiana requires landlords to maintain rental properties in a habitable and safe condition. If a landlord intends to withhold any portion of a security deposit, a written notice itemizing the damages and estimated repair costs must be sent to the tenant within the 45-day return window.
State Laws & Guides
Laws: IC 32-31 – Landlord-Tenant Relations
Guides:
- Indiana Legal Services – Renting in Indiana Handbook (PDF)
- Indiana Civil Rights Commission – Tenants’ Rights Fact Sheet (PDF)
When is Rent Due?
Indiana does not have a statute establishing when rent is due. The lease governs the due date and the consequences for late payment. There is no state-mandated grace period, and late fees are not capped by state law.
Landlord’s Access
Emergency: Landlords may enter the rental unit without notice when the safety of the tenants or the property is threatened.[1]
Non-Emergency: Landlords must provide reasonable written or oral notice before entering and may only do so during reasonable hours. While “reasonable” is not defined by statute, most landlords provide at least 24 hours’ notice.[1]
Landlord’s Duties
Under Indiana law, landlords must:[2]
- Habitability: Deliver and maintain the rental unit in a safe, clean, and habitable condition.
- Building Codes: Comply with all applicable Indiana health and housing codes.
- Common Areas: Keep shared spaces clean and in good condition.
- Systems: Maintain electrical, plumbing, sanitary, HVAC, and elevator systems in good working order.
- Running Water: Provide hot and cold running water at all times.
- Heat: Ensure the heating system is capable of providing heat at all times.
Tenant’s Duties
Tenants must comply with the following:[3]
- Building Codes: Comply with all applicable state and local health and housing codes.
- Cleanliness: Keep the rental unit reasonably clean.
- Appliances & Systems: Use all provided appliances and systems in the manner they are intended.
- Property Care: Do not alter or damage any part of the rental unit.
- Smoke Detectors: Maintain all smoke detectors in working order, including replacing batteries.
- Lease Terms: Comply with all rules and conditions in the signed lease.
Required Disclosures
Flood Plain (IC 32-31-1-21): Landlords must disclose in the lease if the rental unit is located in a flood plain where the lowest floor, including the basement, is at or below the 100-year flood elevation.[4]
Lead-Based Paint: Required under federal law for all dwellings built before 1978. The landlord must disclose known lead hazards and provide the EPA information pamphlet.[5]
Smoke Detector Acknowledgment (IC 32-31-5-7): Before or during move-in, the landlord must have the tenant sign a written acknowledgment that the unit contains at least 1 functioning smoke detector.[6]
Names and Addresses (IC 32-31-3-18): At or before the start of the lease, the landlord must disclose in writing the names and addresses of the property manager and an agent in Indiana authorized to accept legal notices.[7]
Water/Sewage Services: If the landlord bills the tenant separately for water or sewage disposal services, the charges and services must be disclosed in writing, including notice of the tenant’s right to file a complaint with the Indiana Utility Regulatory Commission.[10]
Leases Over 3 Years (IC 32-31-2-1): Leases with a term of 3 years or more must be recorded at the county recorder’s office within 45 days of signing.[8]
Security Deposits
Maximum Amount: Indiana does not set a maximum security deposit by statute.
Returning to Tenant: The deposit must be returned within 45 days of the lease ending. If any portion is withheld, the landlord must provide an itemized list of deductions with the amount due for each.[9]
Deposit Interest: Not required under Indiana law.
Uses of the Deposit: Landlords may deduct for:[9]
- Unpaid rent
- Damage caused by the tenant’s noncompliance with the lease or state law
- Unpaid utility or sewer charges that the tenant was obligated to pay
- IC 32-31-5-6 – Landlord’s Right of Access
- IC 32-31-8-5 – Landlord’s Obligations
- IC 32-31-7-5 – Tenant’s Obligations
- IC 32-31-1-21 – Flood Plain Disclosure
- 42 U.S.C. § 4852d – Lead-Based Paint Disclosure (EPA)
- IC 32-31-5-7 – Smoke Detector Acknowledgment
- IC 32-31-3-18 – Disclosure of Names and Addresses
- IC 32-31-2-1 – Recording of Leases
- IC 32-31-3-12 – Security Deposit Return
- IC 32-31-1-7/1-8 – Water and Sewage Disclosure
- U.S. Census Bureau, American Community Survey 2024 1-Year Estimates
- U.S. Census Bureau, Housing Vacancies and Homeownership Survey (2024)