Challenging Illegal Rental Fees in Indiana: Renter's Guide

If you’re renting a home or apartment in Indiana, you have the right to a clear, fair accounting of your rent charges. Sometimes landlords may add fees that aren’t permitted by Indiana law. Understanding how to identify and challenge illegal fees can protect your finances and housing security. This guide walks you through Indiana’s tenant protections and the steps to resolve unfair charges with confidence.

What Are Illegal Rental Fees in Indiana?

Landlords in Indiana may only charge fees explicitly allowed by your lease agreement and consistent with state law. Common illegal fees include unauthorized late payment charges, bogus "processing" or "administrative" fees, or extra charges related to normal wear and tear on the property.

• Any fee not specified in a written lease agreement could be considered unlawful.
• Excessive late fees, unclear charges, or fees for maintenance that is the landlord’s responsibility may be challenged.

Indiana’s main landlord-tenant law is the Indiana Code Title 32, Article 31 — Landlord-Tenant Relations, which sets out what fees are and are not allowed.^[1]

Your Rights as an Indiana Renter

Under Indiana law, you are entitled to:

• A written lease that clearly lists all fees
• Advance notice of any changes in fees or rent
• The right to dispute any charge you believe is unlawful or not agreed upon

How to Challenge an Illegal Fee

If you spot a charge you believe is illegal or not in your signed lease, here are the steps you can take to resolve the issue:

Step 1: Review Your Lease and Indiana Law

• Carefully read your lease agreement to confirm if the fee is listed.
• Consult the Indiana Attorney General's landlord-tenant guidance for a summary of your protections.^[2]

Step 2: Communicate With Your Landlord in Writing

• Contact your landlord by email or certified letter to question the fee. Include:
• Your full name and unit address
• The specific fee(s) in question
• A request for a written explanation of the charge

Step 3: Submit a Formal Complaint If Needed

• If your landlord does not resolve your concern, you can submit a complaint through the Indiana Attorney General's Consumer Protection Division.^[3]
• Form to use: Landlord-Tenant Complaint Form (no formal form number).
  • When and how to use: Complete and submit this form if your landlord refuses to correct unlawful fees or other lease violations. Attach copies of your lease and any correspondence.
  • File online or mail to the official address provided on the form.

Step 4: Consider Mediation or Legal Action

• You may seek free or low-cost mediation services before proceeding to small claims court.
• If the dispute remains unresolved, you can file a claim in Indiana Small Claims Court. The court can order illegal fees to be removed or refunded.^[4]

The Indiana Courts—Landlord-Tenant Disputes resource provides helpful steps and forms for court filings.

If you act quickly, document everything, and use official complaint channels, you can often resolve an illegal fee matter without going to court.

FAQ: Indiana Renters and Illegal Fees

1. Can my landlord charge fees not listed in my lease?
   Usually no. Unless your lease specifically allows a fee, Indiana law does not require you to pay it.
2. What should I do if my landlord refuses to remove an illegal fee?
   You can file a complaint with the Indiana Attorney General's Consumer Protection Division and consider small claims court.
3. Is there a cap on late fees in Indiana?
   Indiana law doesn’t set a statewide cap, but courts may rule excessive or unclear charges as unenforceable.
4. Where can I find reliable information on my renter rights?
   Official sources include the Indiana Courts Landlord-Tenant Portal and the Attorney General's Landlord-Tenant Disputes guidance.
5. Can I be evicted for challenging an illegal fee?
   Indiana law prohibits retaliatory eviction in many cases. Always document your actions and, if concerned, consult a legal aid service.

Summary: Key Takeaways for Indiana Renters

• Indiana landlords can only charge fees that are clear, agreed upon, and permitted by state law.
• If you find an illegal fee, act quickly: review your lease, contact your landlord, and file an official complaint if needed.
• Helpful state agencies and forms make it easier to protect your rights as a renter.

Need Help? Resources for Renters

• Indiana Attorney General's Landlord-Tenant Disputes Guidance: Learn about tenant rights and complaint procedures.
• Landlord-Tenant Complaint Form: Download and instructions to file a complaint.
• Indiana Courts – Landlord-Tenant Portal: Information on small claims court, mediation, and eviction resources.
• Indiana Legal Services: Free or low-cost legal advice for renters.

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1. Indiana Code Title 32, Article 31 — Landlord-Tenant Relations
2. Indiana Attorney General: Landlord-Tenant Disputes
3. Indiana Attorney General: File a Complaint
4. Indiana Courts: Landlord-Tenant Disputes

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