Smoking Policies and Rights for Indiana Renters

Understanding your rights and obligations regarding smoking in rental housing is an important part of moving into a new home in Indiana. Both landlords and tenants benefit from knowing what state law says about smoking, how policies can be set, and what disclosures or inspections may be required at move-in. This guide uses plain language to clarify the essentials for Indiana renters.

Smoking Policies in Indiana Rental Housing

Unlike some states, Indiana does not have a statewide law that prohibits smoking in private rental units. Instead, individual landlords or property managers generally set their own smoking policies. These rules often appear in the rental agreement or lease.

What Smoking Policies May Include

• No-smoking clause: Prohibits smoking anywhere inside the unit or on the property.
• Designated smoking areas: Limits smoking to specific outdoor spaces.
• Partial restrictions: Allows smoking in certain rooms or on porches, but not in shared indoor spaces.

If your rental agreement does not mention smoking, it's important to ask your landlord before moving in to avoid misunderstandings later. Policies must be clearly stated and disclosed to new tenants.

Landlord Disclosures and Move-In Inspections

Indiana landlords are not legally required to provide a standard “smoking policy disclosure” form at lease signing. However, landlords must ensure that any material terms, including non-smoking rules, are clearly outlined in the lease you sign. It's good practice for both parties to walk through the unit before move-in and document its condition, especially if smoking damage, odors, or residue are present.

Move-In Condition Report (Form)

• Form name: Move-In/Move-Out Checklist
• When to use: This form is typically completed at the start and end of a tenancy to record the property’s condition. It can include notes about smoke odors, burns, or damage.
• How to use it: During your move-in walkthrough, use the Move-In/Move-Out Checklist (from Indiana Housing and Community Development Authority) to document any evidence of smoking or related damage. Both landlord and tenant should sign and keep a copy.

Your Rights If Smoking Becomes an Issue

If you experience secondhand smoke in your rental—whether from neighbors or previous tenants—first review your lease to confirm the stated policy. Indiana’s landlord-tenant laws do not specifically address secondhand smoke, but issues like persistent smoke intrusion may fall under the landlord’s general duty to provide habitable premises.

• Communicate in writing with your landlord if smoke is entering your unit and is against policy or is impacting your health.
• If issues persist, you may contact local health departments or consider mediation for dispute resolution.
• For serious cases involving unsafe living conditions, you could explore filing a complaint under Indiana’s rental habitability laws.

Enforcement or resolution of smoking-related disputes can ultimately be handled in county small claims or circuit court if informal efforts fail. Indiana does not have a dedicated state tenant-landlord tribunal, but courts interpret the Indiana Code Title 32, Article 31: Landlord-Tenant Relations in such cases.¹

Practical Steps for Indiana Renters

• Review your lease or rental agreement for any mention of smoking policies.
• Complete a detailed move-in inspection with your landlord. Use the Sample Move-In/Move-Out Checklist and note any pre-existing smoke damage.
• Keep records of all communications with your landlord regarding smoking concerns.

If you wish to formalize a complaint or require additional help, your local county court or city health department may be able to assist. While there is no state-level smoking complaint form specific to residential tenancy issues, the Move-In/Move-Out Checklist is the primary document for recording the unit’s move-in condition.

FAQ: Smoking Policies in Indiana Rentals

1. Can my landlord ban smoking in my Indiana rental unit?
   Yes. Rental property owners can decide to ban smoking in their units or on the property, as long as this policy is clearly stated in your lease or rental agreement.
2. Does Indiana law require landlords to disclose their smoking policy?
   No. Indiana does not require a separate disclosure form about smoking policies, but the lease should specify any such rules.
3. What should I do if smoke from another unit affects my apartment?
   Document the problem and report it to your landlord in writing, especially if your lease restricts smoking. You may contact your local board of health if it affects your health.
4. Is there a way to record smoking damage during move-in?
   Yes. Use the Move-In/Move-Out Checklist to note any existing smoke odors, stains, or burns, and have your landlord sign it.
5. Where can I resolve disputes about smoking in rental housing?
   Most disputes are handled in county small claims or circuit court, referenced under the Indiana landlord-tenant laws.

Need Help? Resources for Renters

• Indiana Housing and Community Development Authority (IHCDA): Resources and tenant information for Indiana renters
• Indiana Courts - Landlord/Tenant Self-Help Center: Guidance on small claims and resolving disputes
• Indiana Code Title 32, Article 31: Landlord-Tenant Relations: The main Indiana landlord-tenant law
• For serious health-related concerns, contact your local health department.

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1. See the Indiana Code Title 32, Article 31: Landlord-Tenant Relations for general tenancy rights and obligations.
2. The Move-In/Move-Out Checklist is provided by the Indiana Housing and Community Development Authority.
3. No dedicated tribunal exists; tenancy disputes are generally handled by county small claims or circuit courts. See the Indiana Courts Landlord/Tenant Self-Help Center for more information.

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