Essential Requirements for Indiana Lease Agreements

If you are renting a home or apartment in Indiana, knowing what your lease agreement must include is vital for protecting your rights. Lease agreements in Indiana create a legally binding document between renters and landlords, establishing the rules for your rental. Understanding the mandatory components of an Indiana lease can help prevent disputes and confusion throughout your tenancy.

Key Elements Every Indiana Lease Agreement Must Include

Under Indiana law, a lease agreement should provide clear details that both renter and landlord can refer to as needed. Having these essentials in writing protects both sides, ensuring mutual understanding from move-in to move-out.

• Names and Addresses: The full legal names of all tenants and the landlord (or property manager), plus contact addresses for both parties.
• Property Description: Detailed description of the rental unit, including the address and unit number (if applicable).
• Lease Term: Start and end dates for the agreement, or a statement that identifies it as a month-to-month or periodic lease.
• Rent Details: The amount of rent, how and when it should be paid (e.g., online portal, check), due date, and possible late fees.
• Security Deposit Terms: Stated amount, where the deposit is held, and conditions for its return.
• Utilities and Other Charges: Who is responsible for specific utilities (e.g., electricity, water) and any other recurring charges.
• Repairs and Maintenance: Duties of both renter and landlord regarding repairs, maintenance, and notice for entry for repairs.
• Signatures: Both the landlord and tenant must sign and date the agreement.
• Disclosures: Required federal and state disclosures, such as the federal Lead-Based Paint Disclosure if the property was built before 1978.

Indiana does not require leases to be written for terms under three years, but a written lease is always recommended for clarity and documentation purposes. More details are available in the Indiana Code Title 32, Article 31 – Landlord-Tenant Relations.¹

Official Indiana Forms and When to Use Them

• Indiana Notice of Lease Termination Form: An official form is not required by the state, but written notice is mandatory to end a month-to-month lease. You can find a sample notice and guidance at the Indiana Housing and Community Development Authority's Indiana Renter's Guide. For example, if you want to move out at the end of next month, you must give your landlord at least 30 days' written notice.
• Lead-Based Paint Disclosure Form (Federal Requirement): Required for homes built before 1978. Landlords must provide this form to tenants before signing the lease. View details and download the official form at the EPA Lead Disclosure site.

Important Indiana Lease Disclosures

Certain disclosures are essential for legal compliance and renter safety. Missing or incorrect information can lead to disputes or penalties.

• Lead-Based Paint Hazard Disclosure: Federal law requires this for properties built before 1978. It informs tenants of known lead paint/hazards.
• Emergency Contact Information: The landlord should provide a contact for emergencies and repairs.
• Indiana-Specific Addenda: No state-mandated addendum currently exists, but best practices recommend disclosing flooding, mold presence, and smoke alarm status where relevant.

What Happens If the Required Lease Elements Are Missing?

If a lease is missing any required details or disclosures, this could impact its enforceability, particularly when it comes to rent, security deposit returns, or legal notices. Renters may wish to request clarification or add missing information in writing before signing. In the event of more serious problems, you can contact the Indiana courts system for guidance on small claims or rental disputes.

Where to Get Help

For disputes or questions, Indiana renters can contact the state's main tribunal for landlord-tenant issues: the local county Small Claims Court, which is part of the Indiana Judicial Branch.² The Indiana Attorney General's Consumer Protection Division also accepts complaints against landlords for certain violations.

Frequently Asked Questions

1. Do Indiana leases have to be in writing?
   Leases over three years must be written, but it is highly recommended to have any lease in writing to protect both renters and landlords and clearly outline the agreement.
2. What is the maximum security deposit in Indiana?
   Indiana does not set a legal maximum for security deposits, but the terms and conditions must be clearly stated in the lease agreement.
3. How do I break a lease in Indiana?
   You usually need the landlord’s agreement or a legally permitted reason, such as domestic violence or unresolved habitability issues. Written notice is always required (see the Indiana Renter’s Guide for more).
4. Are there required disclosures for mold or flooding in Indiana?
   No, but renters should ask and document any such concerns before signing. Federal lead-paint disclosures are required for older buildings.
5. Where can I file a complaint if my landlord refuses repairs?
   You can seek help from your county’s Small Claims Court (see the Indiana Judicial Branch landlord-tenant resources).

Need Help? Resources for Renters

• Indiana Housing and Community Development Authority – Indiana Renter's Guide
• Indiana Courts Landlord-Tenant Information (for pursuing issues in Small Claims Court)
• Indiana Attorney General – File a Complaint
• U.S. Department of Housing and Urban Development (HUD) – Indiana Rental Help

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1. Indiana Code Title 32, Article 31 – Landlord-Tenant Relations
2. Indiana Judicial Branch – Landlord-Tenant Resources

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