Vacancy Decontrol and Indiana Rent Laws: What Renters Should Know
Understanding how rent can change when a rental unit becomes vacant is an important concern for tenants, especially in states with rent control. This article explains how Indiana law deals with rent control, vacancy decontrol (when landlords can raise rent after a tenant leaves), and what rights renters have about rent increases and stability.
Does Indiana Have Rent Control or Vacancy Decontrol?
In Indiana, there is currently no state or local rent control. That means there are no limits on how much a landlord can increase rent when a unit becomes vacant—or at any other time, except for the rules in your written lease.
- The Indiana Code § 32-31-1-20 prohibits cities or counties from enacting any form of rent control.
- "Vacancy decontrol"—the ability for landlords to set new rents after a tenant moves out—applies by default, because there is no law limiting rent increases in Indiana.
If you’re searching for rent stabilization or protections against dramatic rent hikes after a vacancy, Indiana law unfortunately does not provide those protections.
When Can My Landlord Raise the Rent in Indiana?
In Indiana, landlords can raise the rent by any amount after your lease period ends, unless your written lease says otherwise. Rent cannot be increased during a fixed-term lease period unless it’s allowed in your rental agreement.
- Month-to-month lease: Landlords must give you at least 30 days’ written notice before a rent increase. See Indiana Attorney General's landlord-tenant disputes info.
- Fixed-term (e.g., one-year) lease: Rent can only go up when a new lease is signed, unless your lease includes an automatic increase clause.
Are There Any Exceptions or Local Rules?
Currently, no Indiana city or county is allowed to implement their own local rent control or stabilization laws. This applies statewide—including in Indianapolis, Fort Wayne, South Bend, and all other communities.[1]
What Are My Rights If My Rent Is Increased?
While Indiana law doesn’t limit the amount of rent increases, it does protect renters from sudden or illegal notice:
- Written Notice Required: For month-to-month tenants, the landlord must give at least 30 days’ written notice before changing the rent.
- Discrimination Ban: Landlords cannot raise rent based on discrimination against race, color, religion, national origin, sex, disability, or familial status, as protected by the federal Fair Housing Act.
Official Forms Used for Rent Increases or Related Notices
Indiana doesn't have a standardized rent-increase form provided by the state. However, written notice is still required. Landlords may use:
- Notice to Increase Rent (No official form number): This is a written letter from the landlord to the tenant informing them of the new rent amount and when it will take effect—must be given at least 30 days before any change for month-to-month rentals. For an example template and explanation, visit the Indiana Attorney General's landlord-tenant disputes page.
- Notice to Terminate Tenancy (No official form number): If either side wants to end a month-to-month agreement, 30 days’ written notice is required. See details at the same Indiana AG resource.
Practical Example: If you rent month-to-month and your landlord wants to increase rent on August 1, they must provide a written notice no later than July 2. Email, certified mail, or a dated letter in person are all acceptable methods.
How to Handle an Unfair or Sudden Rent Increase in Indiana
Although Indiana law favors landlords on setting rent, you do have steps you can take if your rent is increased unfairly or without proper notice:
- Ask your landlord to provide the rent increase notice in writing with the required timeframe.
- If you suspect discrimination or retaliation (for example, after making repair requests), you can file a complaint with the Indiana Civil Rights Commission or U.S. Department of Housing and Urban Development.
- Contact a local legal aid or tenant assistance group for help understanding your lease and options.
Which Official Board Handles Residential Tenancy Disputes?
Indiana does not have a statewide landlord-tenant tribunal or rent board. Most disputes about rent, notice, or lease termination are handled in your county small claims or superior court. For discrimination complaints, contact the Indiana Civil Rights Commission.
What Is the Key Indiana Tenancy Legislation?
Rental relationships, rent increases, and notice requirements are governed by the Indiana Code Title 32, Article 31 (Landlord-Tenant Relations).[2]
Frequently Asked Questions About Indiana Vacancy Decontrol and Rent Control
- Does Indiana have rent control laws or rent stabilization for any type of rental?
No, Indiana law prohibits any form of local or state rent control, so rents can be set at any level when a new tenant moves in. - What is vacancy decontrol in Indiana?
Vacancy decontrol means landlords can set a new rent after a tenant leaves—Indiana allows this everywhere, since there’s no state or local rent control. - How much notice am I entitled to if my rent is going up?
Month-to-month tenants must receive at least 30 days’ written notice before a rent increase. Fixed-term tenants are only subject to changes when a new lease is signed. - Can my landlord increase rent for discriminatory reasons?
No. Discrimination based on protected characteristics—like race or disability—is prohibited by state and federal law. - Where do I go if I want to challenge an unfair rent increase or eviction?
Most landlord-tenant disputes go through your local small claims court. For discrimination, contact the Indiana Civil Rights Commission or HUD.
Summary: Key Indiana Rent Rules for Tenants
- Indiana does not allow rent control or rent stabilization—rents are market-driven statewide.
- Landlords can raise rent freely when a unit becomes vacant (vacancy decontrol).
- 30 days’ written notice is required for rent increases in month-to-month leases.
- Discrimination is always illegal, even if rent control does not exist.
Need Help? Resources for Renters
- Indiana Attorney General: Landlord-Tenant Dispute Guidance
- Indiana Civil Rights Commission: File a Housing Discrimination Complaint
- Indiana Small Claims and Local Courts
- Indiana Housing & Community Development Authority: Tenant Resources
- U.S. HUD: Fair Housing Rights & Protections
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