Challenging an Illegal Rent Increase in Indiana: Your Rights
If you’re a renter in Indiana and have received notice of a rent increase, it’s important to know your rights. Although Indiana does not have statewide rent control or rent stabilization, state law still sets guidelines landlords must follow for rent increases. This article explains how to recognize an illegal rent increase, the steps you can take to challenge it, which official forms and agencies are involved, and how Indiana’s landlord-tenant laws protect you.
Understanding Rent Increases in Indiana
Indiana law allows landlords to raise the rent unless a lease agreement says otherwise, but there are rules landlords must follow:
- Notice Requirement: For month-to-month tenants, landlords must give at least 30 days’ written notice before raising rent.
- If you have a fixed-term lease, your landlord generally cannot raise the rent until the lease ends—unless your lease specifically allows mid-term increases.
- All terms about rent and changes to it should be in your written lease agreement.
Unlike some states, Indiana does not limit how much a landlord can raise your rent, but unlawful practices (like discrimination or retaliation) remain illegal.
When Is a Rent Increase Illegal?
While rent control does not apply in Indiana, a rent increase could be illegal if:
- The landlord did not give the required 30-day written notice for month-to-month rentals
- The rent is increased during a fixed-term lease where the contract does not allow it
- The increase is retaliatory (for example, after you report a health or building code violation)
- The rent is raised due to discrimination (on the basis of race, religion, disability, familial status, etc.)
Retaliatory and discriminatory rent increases are strictly prohibited under both Indiana and federal law. If you suspect an illegal reason, you may have additional legal remedies.
Steps to Challenge an Illegal Rent Increase
If you believe the rent increase is not lawful, follow these steps:
- Read Your Lease: Carefully review your lease to check what it says about rent changes.
- Check Notice: Make sure your landlord gave you at least 30 days’ written notice (for month-to-month agreements).
- Document Everything: Keep copies of the rent increase notice, your lease, and any related communications.
- Communicate in Writing: Politely notify your landlord in writing if you believe the increase is unlawful. Clearly explain your reasons (e.g., improper notice, retaliation, or discrimination).
- Contact State or Local Resources: If your landlord does not resolve the issue, reach out to official agencies or seek legal help.
Indiana Official Forms and Practical Use
- Complaint Intake Form – Indiana Civil Rights Commission (ICRC)
ICRC Complaint Form PDF
Use this form to report discrimination by a landlord, such as if a rent increase is based on race, religion, disability, or another protected status. Example: If you suspect your rent is raised because of your national origin, fill out this form and submit it to the ICRC. - Indiana Housing & Community Development Authority (IHCDA) – Rental Complaint Form
IHCDA Rental Complaint Page
This page guides you to submit complaints about landlords who violate rental laws. Example: Suspect your landlord is retaliating for a repair request with a rent hike? Submit your situation using the online resources listed here.
Who Handles Rental Disputes in Indiana?
Indiana does not have a statewide landlord-tenant tribunal. Legal disputes typically go through local small claims or circuit courts. For discrimination or retaliation, the Indiana Civil Rights Commission (ICRC) handles complaints under the Indiana Fair Housing Act.
Relevant Indiana Tenancy Legislation
The main laws covering rent increases, lease terms, and renter protections in Indiana are found under the Indiana Code Title 32, Article 31 – Landlord-Tenant Relations.1 Anti-discrimination rules are covered by the Indiana Fair Housing Act.2
If you receive a rent increase that seems unfair or sudden, always check your lease first and seek advice or legal support before taking any action.
FAQ: Indiana Rent Increase Disputes
- Can my landlord raise my rent whenever they want in Indiana?
Landlords can generally raise rent when a lease ends or in a month-to-month arrangement, but must provide 30 days’ written notice. They cannot raise rent in the middle of a fixed-term lease unless the lease says so. - What do I do if I think my rent increase is discriminatory?
If you believe the increase is due to discrimination (race, religion, family status, etc.), file a complaint with the Indiana Civil Rights Commission using their official intake form. - Is there a form to challenge a rent increase in Indiana?
There is no single form to challenge a non-discriminatory rent increase, but you can use the ICRC Complaint Form for discrimination or check the IHCDA Rental Complaint process for general complaints. - What if my landlord threatens eviction if I refuse to pay the increased rent?
If you are in a month-to-month lease, your landlord can end your tenancy with proper notice. However, they cannot evict you on illegal grounds. You have the right to defend your case in small claims court if you believe the eviction is wrongful.
Key Takeaways
- Indiana law requires written notice for rent increases and prohibits mid-lease increases unless stated in the lease.
- Discriminatory and retaliatory rent increases are illegal. Official forms exist for reporting these.
- Disputes are primarily handled by the Civil Rights Commission, IHCDA, and local courts.
Need Help? Resources for Renters
- Indiana Civil Rights Commission (ICRC) – For discrimination complaints and fair housing issues.
- Indiana Housing & Community Development Authority (IHCDA) – Indiana Renters' Resources
- Indiana Small Claims Courts – Where tenant/landlord disputes are often heard.
- Indiana Legal Help – Free and low-cost legal guidance.
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