Indiana Residential Lease Agreement

Indiana's landlord–tenant rules are governed by Title 32, Article 31 of the Indiana Code (IC 32-31), the Landlord-Tenant Relations chapter set. Indiana's posture is light on numeric ceilings but heavy on procedural rules: no statutory deposit cap, no statutory deposit interest, and no statutory entry-notice timeframe — but a firm 45-day deposit return with full-deposit + attorney's-fees exposure for wrongful withholding (IC 32-31-3-12(b)), a non-waivable self-help-eviction prohibition (IC 32-31-5-6), and the unique smoke-detector tenant acknowledgement that IC 32-31-5-7 makes mandatory in every Indiana lease.

$29.00 per generated document.

What a Indiana lease must include

Standard lease elements

  • Parties and the Indiana county + street address of the rental.
  • Lease term — fixed end date or a periodic (month-to-month) tenancy.
  • Monthly rent amount, due date, and accepted payment methods.
  • Security deposit amount (no statutory cap; the parties negotiate).
  • Utilities — which the landlord covers and which the tenant pays.
  • Occupancy rules, pets, smoking, and entry procedures.
  • Default, eviction-process language, and 30-day periodic-tenancy termination floor.
  • Mandatory smoke-detector tenant acknowledgement under IC 32-31-5-7.
  • Self-help-eviction prohibition under IC 32-31-5-6 — landlord may not change locks, remove fixtures, or shut off utilities to dispossess.
  • Federal lead-paint disclosure for any unit built before 1978.
  • Signatures of all parties.

Indiana-required disclosures

  • Federal lead-paint disclosure and EPA pamphlet for any unit built before 1978. (42 U.S.C. § 4852d; 24 C.F.R. Part 35)
  • Smoke-detector tenant acknowledgement — tenant acknowledges the dwelling unit is equipped with functional smoke detector(s) and agrees to maintain them and notify the landlord if any cease(s) to function. (IC 32-31-5-7)
  • Self-help eviction prohibition — landlord may not change locks, remove doors / windows / fixtures, or interrupt essential services to dispossess. (IC 32-31-5-6)
  • Retaliation prohibition — landlord may not take adverse action in response to the tenant's enumerated protected activities (complaint to a code-enforcement agency, written complaint to the landlord under IC 32-31-5-6 or IC 32-31-8-5, court action under IC 32-31-6 or IC 32-31-8, tenant-organization participation, or testimony against the landlord). (IC 32-31-8.5)
  • Domestic-violence / sexual-assault / stalking early-termination right — a tenant who is a "protected individual" may terminate the lease early upon proper documentation; the landlord may not retaliate or refuse to renew based on protected-individual status. (IC 32-31-9-1 et seq.)
  • Lock-change requirement — when a protected individual provides documentation, the landlord must change the locks within 48 hours of receiving payment (or permit the tenant to do so). (IC 32-31-9-9)

Indiana-specific workflow

  • No statutory deposit cap — the parties negotiate the deposit amount. IC 32-31-3 imposes no ceiling.
  • Permitted deductions: accrued rent + damages from tenant noncompliance (excluding ordinary wear) + unpaid utility/sewer charges. IC 32-31-3-13.
  • 45-day itemized return after termination of the rental agreement and delivery of possession. IC 32-31-3-12; IC 32-31-3-14.
  • Wrongful-withholding remedy: tenant may recover the full security deposit due plus reasonable attorney's fees. IC 32-31-3-12(b). No statutory multiplier.
  • Indiana does not require interest on the deposit. The lease may say "without interest" explicitly.
  • 10-day notice for nonpayment of rent unless the parties agreed otherwise or the tenant cures. IC 32-31-1-6.
  • 30-day written notice required to terminate a month-to-month tenancy (symmetric — same notice both directions). IC 32-31-1-1; IC 32-31-1-2.
  • Indiana does not impose a statutory entry-notice timeframe; entry must be at reasonable times.
  • Habitability obligations are non-waivable: safe / clean / habitable; comply with health and housing codes; maintain electrical / plumbing / sanitary / HVAC / elevators / appliances. IC 32-31-8-5.
  • Late fees follow a case-law reasonableness standard (no statutory cap). BuildMyLease surfaces a soft-warn advisory when the entered fixed late fee exceeds 10% of monthly rent.
  • Self-help eviction prohibited. Eviction proceeds through the small-claims or superior court system; Indiana enacted procedural reform under IC 32-31-10 in 2020.
  • Tenant obligations include keeping the premises clean, complying with codes, disposing of garbage in designated locations, and not damaging plumbing apparatus. IC 32-31-7-1 et seq.
  • Major-city overlays — Indianapolis (Marion County), Bloomington, Fort Wayne, and South Bend each have rental-licensing or tenant-rights ordinances that may apply on top of state law.

Indiana Civil Rights Commission — Landlord/Tenant

How a Indiana lease is structured

  1. The document opens with parties, the Indiana county, and the rental-property address.
  2. The property-location subphase surfaces a single combined informational callout for the Indianapolis / Bloomington / Fort Wayne / South Bend major-city overlays — each operates its own rental-license / tenant-rights framework but none impose rent stabilization.
  3. The term section identifies the arrangement as fixed-term with an end date or as a periodic tenancy with the 30-day termination floor under IC 32-31-1.
  4. The rent section sets the monthly amount, due date, accepted payment methods, and surfaces the case-law-reasonableness late-fee posture (no statutory cap).
  5. The security-deposit section captures the deposit amount, renders the no-cap framing, the 45-day itemized return with full-deposit + attorney's-fees exposure under IC 32-31-3-12(b), the no-interest-required disclosure, and the IC 32-31-3-13 permitted-deductions list.
  6. A dedicated Indiana-disclosures subphase confirms the smoke-detector acknowledgement under IC 32-31-5-7 and surfaces the self-help-eviction prohibition under IC 32-31-5-6, the IC 32-31-8.5 retaliation framework with its enumerated protected activities, and the IC 32-31-9 domestic-violence early-termination right + IC 32-31-9-9 lock-change rule.
  7. For 1978-or-earlier construction, the federal lead-paint disclosure block fires automatically.
  8. The document closes with the IC 32-31-10 court-based eviction-process narrative, the IC 32-31-1-6 10-day nonpayment-notice rule, the IC 32-31-1-2 holdover-month-to-month language, the SCRA service-member protections, the IC 32-31-8-5 habitability obligations, the IC 32-31-7 tenant obligations, the reciprocal attorney's-fees clause, and the federal Fair Housing non-discrimination clause — followed by the parties' signatures.

BuildMyLease assembles all of this for you in a guided interview.

Free Indiana lease template vs BuildMyLease

Free Indiana lease templates are everywhere, but most miss the mandatory IC 32-31-5-7 smoke-detector acknowledgement entirely, drop in "two times the deposit" boilerplate that does not match Indiana's statutory remedy, and use late-fee figures that ignore the case-law reasonableness backstop. Here is the honest side-by-side.

Free templateBuildMyLease
Smoke-detector acknowledgement (IC 32-31-5-7)Almost universally absent. An Indiana lease that omits the tenant acknowledgement is non-compliant under IC 32-31-5-7.Dedicated rendered clause with the acknowledgement language baked into every Indiana lease.
Wrongful-withholding remedy (IC 32-31-3-12(b))Many templates use "two times the deposit" or "treble damages" boilerplate copied from other states — a misstatement of Indiana law.Lease text states the actual statutory remedy: full deposit + reasonable attorney's fees, no multiplier.
45-day deposit return (IC 32-31-3-12, -14)Often miscited as 30 days; the itemization-letter requirement is frequently omitted.Rendered clause spells out the 45-day window and the itemized written notice the landlord must mail.
30-day MTM termination floor (IC 32-31-1)Some templates default to 14- or 7-day termination notice, which is unenforceable on a month-to-month tenancy in Indiana.Hard /review error blocks the lease when the entered MTM termination notice is below 30 days.
Late-fee reasonableness backstopMany templates use $50 / $75 / $100 flat fees with no reasonableness check — exposed to challenge under Indiana case law on lower-rent units.Soft-warn advisory fires at /review when the entered fixed late fee exceeds 10% of monthly rent.
Cost$0.$29 per document.

Who this is for

This is for

  • Indiana landlords managing 1–25 private-market units (single-family, condo, small multi-family).
  • Owners who want the IC 32-31-5-7 smoke-detector acknowledgement, the 45-day return + full-deposit + attorney's-fees remedy, and the 30-day MTM termination floor baked in without researching each statute.
  • Indianapolis / Marion County / Bloomington / Fort Wayne / South Bend owners who want a lease that handles the statewide rules cleanly while flagging the local-overlay layer.
  • Landlords issuing a new fixed-term lease OR a periodic tenancy that needs the IC 32-31-1 30-day floor.

This isn't for

  • Mobile-home park tenancies (separate Indiana statutory regime).
  • Section 8 / federally subsidized tenancies — those carry separate HAP-contract requirements that this document does not encode.
  • Indianapolis / Marion County rentals subject to the local rental-license regime — the lease references the obligation but does not encode the licensing workflow.
  • Premises with active eviction proceedings — those require court forms (IC 32-31-10), not a lease.
  • Active disputes over the IC 32-31-11 eviction-information-disclosure obligation — that is a pre-application screening rule, not a lease term.
  • Commercial leases.

Recent Indiana guides

Plain-language explainers of the laws this lease is built around.

Guide

Frequently asked questions

What is the maximum security deposit in Indiana?

There is no statutory cap. IC 32-31-3 does not impose a ceiling on the deposit amount, and the parties negotiate the figure. Indiana joins Texas and Georgia among the states in our coverage with no statutory deposit cap.

How long does an Indiana landlord have to return a security deposit?

Within 45 days after termination of the rental agreement and delivery of possession, with an itemized written notice of any deductions mailed to the tenant's forwarding address. IC 32-31-3-12; IC 32-31-3-14. The tenant must supply the forwarding address in writing for the landlord to be bound by the 45-day clock.

What happens if an Indiana landlord wrongfully withholds the deposit?

The tenant may recover the full security deposit due plus reasonable attorney's fees. IC 32-31-3-12(b). Indiana does not impose a statutory multiplier — unlike states such as Maryland (3×) or Michigan (2×) — but the attorney's-fees recovery is a meaningful enforcement lever.

Does Indiana require landlords to pay interest on security deposits?

No. Indiana law does not require interest on the deposit, and the lease may say "without interest" explicitly. Landlords are free to offer interest contractually but it is not statutorily required.

What is the maximum late fee an Indiana landlord can charge?

There is no statutory cap. Indiana courts evaluate late-fee provisions under a reasonableness standard; the fee must bear a reasonable relation to the landlord's actual costs of late payment. BuildMyLease surfaces a soft-warn advisory when the entered fixed late fee exceeds 10% of monthly rent — a common reasonableness threshold.

What disclosures does an Indiana lease require?

Federal lead-paint disclosure for pre-1978 housing (24 C.F.R. Part 35); the IC 32-31-5-7 smoke-detector tenant acknowledgement; the IC 32-31-5-6 self-help-eviction prohibition; the IC 32-31-8.5 retaliation prohibition with its enumerated protected-activity list; the IC 32-31-9 domestic-violence / sexual-assault early-termination right; and the IC 32-31-9-9 lock-change rule for protected individuals. All render automatically in your BuildMyLease lease.

How much entry notice must an Indiana landlord give?

Indiana does not impose a statutory entry-notice timeframe. Entry must be at reasonable times under common-law principles, and the lease itself defines the framework. BuildMyLease's Indiana lease specifies notice for non-emergency entry while preserving the landlord's emergency-entry right.

How much notice is required to terminate a month-to-month tenancy in Indiana?

At least 30 days' written notice — symmetric (same notice from either party). IC 32-31-1-1; IC 32-31-1-2. BuildMyLease blocks /review when the entered MTM termination notice period is below 30 days.

Is self-help eviction allowed in Indiana?

No. Under IC 32-31-5-6, a landlord may not change the locks, remove doors / windows / fixtures, or interrupt essential services (electricity, gas, water, etc.) to dispossess a tenant. Eviction must proceed through the court system under IC 32-31-10, which Indiana reformed in 2020.

Does Indiana protect tenants who are victims of domestic violence?

Yes. Under IC 32-31-9, a tenant who is a "protected individual" (a victim of domestic violence, sexual assault, or stalking with documentation) may terminate the lease early. The landlord may not retaliate or refuse to renew based on protected-individual status, and IC 32-31-9-9 requires the landlord to change the locks within 48 hours of receiving payment when a protected individual requests it.