Indiana Lease Agreement Create an Indiana Lease Agreement

Indiana Lease Agreement

Published Dec 07, 2025
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An Indiana Lease Agreement is a legally binding contract that sets the rules, rights, and responsibilities of the landlord and tenant for renting property in Indiana.

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INDIANA LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") is entered into on the , by and between:

LANDLORD:
("Landlord"), with a mailing address of:

AND TENANT(S):
("Tenant").

I. PROPERTY

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the real property and improvements located at the following address (the "Premises"):

Street Address:
City of , State of Indiana, Zip Code .

II. TERM

The term of this Agreement shall be (check one):

III. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

Rent is due on the day of each month.

Rent shall be paid by the following method(s):

Payment instructions:

IV. SECURITY DEPOSIT

Upon execution of this Agreement, the Tenant shall deposit with the Landlord the sum of $ as a Security Deposit.

Statutory Compliance (Indiana Code 32-31-3):
1. The Security Deposit will be held to secure the Tenant's performance of obligations under this Agreement.
2. In accordance with Indiana Code Section 32-31-3-12, the Landlord shall return the Security Deposit, less any lawful deductions, to the Tenant within forty-five (45) days after the termination of the rental agreement and delivery of possession.
3. The Landlord must provide a written itemized list of any damages and the estimated cost of repair for each item if any portion of the deposit is withheld.
4. The Tenant must provide the Landlord with a forwarding address in writing to receive the Security Deposit refund and itemization.

V. LATE CHARGES AND RETURNED CHECKS

If rent is not paid by the day of the month, the Tenant shall pay a late fee of (check one):

If any check offered by the Tenant to the Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment," or any other reason, the Tenant shall pay the Landlord a returned check fee of $.

VI. UTILITIES AND SERVICES

The parties agree that utilities and services for the Premises shall be paid as follows:

Electricity:

Gas/Heat:

Water/Sewer:

Trash Removal:

Cable/Internet:

Snow Removal:

Lawn Care:

VII. OCCUPANTS

The Premises shall be occupied only by the Tenant and the following individuals:

Guests staying more than days without the Landlord's written consent shall be considered a breach of this Agreement.

VIII. PETS

IX. USE OF PREMISES

The Tenant shall use the Premises for residential purposes only. The Tenant shall not use the Premises for any illegal purpose or in any manner that disturbs the peace and quiet of neighbors.

X. CONDITION OF PREMISES AND INSPECTION

The Tenant has inspected the Premises and accepts them in "AS IS" condition, acknowledging that the plumbing, heating, and electrical systems are in good working order, except as otherwise noted in writing.

XI. MAINTENANCE AND REPAIRS

Landlord's Obligations (Indiana Code 32-31-8-5):
The Landlord shall:
1. Deliver the Premises in a safe, clean, and habitable condition.
2. Comply with all health and housing codes applicable to the Premises.
3. Maintain the electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems in good and safe working condition.

Tenant's Obligations (Indiana Code 32-31-7-5):
The Tenant shall:
1. Comply with all obligations imposed primarily on tenants by applicable provisions of health and housing codes.
2. Keep the Premises reasonably clean.
3. Not deface, damage, destroy, or remove any part of the Premises.
4. Ensure that smoke detectors are functional and not disabled (Indiana Code 32-31-5-7).

XII. RIGHT OF ENTRY

Pursuant to Indiana Code Section 32-31-5-6, the Landlord shall have the right to enter the Premises to inspect the Premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

Except in case of emergency, the Landlord shall give the Tenant reasonable notice (generally accepted as 24 hours) of the intent to enter and shall enter only at reasonable times.

XIII. SMOKE DETECTORS

In accordance with Indiana Code Section 32-31-5-7, the Landlord confirms that the Premises is equipped with functional smoke detectors. The Tenant acknowledges that it is the Tenant's responsibility to test the smoke detectors to ensure they are working and to replace batteries as needed. The Tenant agrees not to tamper with or disable the smoke detectors.

XIV. LEAD-BASED PAINT DISCLOSURE

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly.

The Premises was built:

XV. FLOOD PLAIN DISCLOSURE

Is the lowest floor of the structure, including the basement, at or below the one hundred (100) year frequency flood elevation?

XVI. MANAGER DISCLOSURE

Pursuant to Indiana Code Section 32-31-3-18, the Landlord discloses the following person authorized to manage the Premises and receive service of process and notices:

Name:
Address:

XVII. DEFAULT

If the Tenant fails to pay rent when due, or fails to comply with any term of this Agreement, the Landlord may terminate this Agreement by providing the appropriate notice as required by Indiana law.

XVIII. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana.

XIX. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, whether written or oral. No amendment or modification of this Agreement shall be valid unless in writing and signed by both parties.

XX. ADDITIONAL TERMS AND CONDITIONS

Additional provisions are as follows:

XXI. SIGNATURES

LANDLORD:
Signature: _________________________
Print Name: _______________
Date:

TENANT:
Signature: _________________________
Print Name: _______________
Date:

What is an Indiana Lease Agreement?

An Indiana Lease Agreement is a legally binding contract executed between a landlord (lessor) and a tenant (lessee) for the rental of property within the state of Indiana. This document establishes the terms and conditions of the tenancy, outlining specific details such as the monthly rental amount, payment due dates, lease duration, and the responsibilities regarding utilities and maintenance. It serves as the primary governing document for the landlord-tenant relationship and provides legal protection for both parties by clearly defining their respective rights and obligations under Indiana state law. While verbal agreements may exist for short-term rentals, written contracts are standard practice to ensure enforceability and compliance with state statutes.

Legal Framework and Statutory Requirements

The landlord-tenant relationship in Indiana is primarily governed by Indiana Code Title 32, Article 31. These statutes cover various aspects of renting, including security deposits, moving out, and the obligations of both parties. Unlike some jurisdictions with heavy rent control or extensive tenant protections, Indiana is often considered a landlord-friendly state; however, strict adherence to specific procedural laws is required for a lease to be valid and enforceable.

Under the Statute of Frauds (IC 32-21-1-1), any lease agreement for a period exceeding three years must be in writing to be legally binding. Despite this specific threshold, legal professionals universally recommend written agreements for all residential tenancies, regardless of duration, to prevent disputes regarding the agreed-upon terms.

Required Disclosures and Lease Provisions

To comply with both federal and state regulations, an Indiana Lease Agreement must contain specific disclosures. Failure to include these elements can lead to legal liabilities for the property owner.

  • Identity of Manager or Agent: The landlord must disclose the name and address of the person authorized to manage the premises and receive legal notices (IC 32-31-3-18).
  • Smoke Detector Acknowledgement: Indiana law requires landlords to install smoke detectors, and the lease often includes a provision where the tenant acknowledges the presence of functional units upon move-in (IC 32-31-5-7).
  • Flood Plain Disclosure: If the lowest floor of a structure, including the basement, is at or below the 100-year frequency flood elevation, the landlord must disclose this fact to the tenant.
  • Lead-Based Paint Disclosure: For any property built before 1978, federal law necessitates a disclosure regarding the potential presence of lead-based paint.

Security Deposit Regulations

Indiana law provides specific guidelines regarding the collection and return of security deposits, which are often a point of contention in rental disputes. There is currently no statutory limit on the amount a landlord can charge for a security deposit. However, the management of these funds is strictly regulated once the tenancy concludes.

According to Indiana Code 32-31-3-12, a landlord must return the security deposit to the tenant within 45 days of the lease termination and the delivery of the rental unit's possession. If the landlord intends to retain any portion of the deposit, they must provide a written, itemized list of damages and the estimated cost of repairs along with the check for the remaining balance. Allowable deductions include unpaid rent, damages beyond normal wear and tear, and unpaid utility charges. Failure to adhere to the 45-day rule may result in the landlord being liable for the return of the entire deposit and potentially the tenant's attorney fees.

Rights and Obligations of Parties

The lease agreement formalizes the duties imposed by the Implied Warranty of Habitability. Landlords are obligated to deliver the rental unit in a safe, clean, and habitable condition. This includes maintaining electrical systems, plumbing, sanitary systems, and heating systems in good working order. Tenants, conversely, are responsible for maintaining the cleanliness of the unit, not damaging the property, and adhering to all housing codes applicable to occupants.

How to Execute an Indiana Lease Agreement

Finalizing a rental contract involves several procedural steps to ensure the document is valid and that both parties understand their commitments.

  1. Step 1: Drafting the Agreement – The landlord prepares the document, incorporating all necessary state disclosures, rent details, and rules regarding pets, occupancy limits, and subletting.
  2. Step 2: Tenant Review – The prospective tenant reviews the terms. This is the stage where negotiations regarding rent price, lease length, or specific clauses typically occur.
  3. Step 3: Move-in Inspection – Before signing, both parties should conduct a walkthrough of the property. Documenting the pre-existing condition of the premises protects the tenant from being charged for prior damage and protects the landlord from unverified claims.
  4. Step 4: Signing and Dating – Both parties sign the agreement. While notarization is not required for standard residential leases, it may be used for high-value commercial contracts.
  5. Step 5: Exchange of Funds and Keys – The tenant pays the security deposit and first month's rent, and the landlord provides the keys and access information.

Termination and Eviction

The lease must specify the notice required for termination. For fixed-term leases, the agreement ends naturally on the specified date. For month-to-month tenancies, Indiana law generally requires a 30-day written notice from either party to terminate the arrangement. In cases of non-payment of rent, a landlord must provide a 10-Day Notice to Quit. If the tenant pays the full amount within those ten days, the tenancy continues; otherwise, the landlord may proceed with eviction filings.

FAQs

No, Indiana state law does not impose a statutory cap on the amount a landlord can charge for a security deposit. The amount is determined by the landlord and agreed upon within the lease terms.
Indiana law requires landlords to provide "reasonable notice" before entering a rental unit and to enter only at reasonable times. While the statute does not define a specific number of hours, 24 hours is the generally accepted standard for non-emergency situations.
Generally, no. Indiana does not explicitly authorize tenants to withhold rent or use a "repair and deduct" remedy for maintenance issues. Withholding rent can leave a tenant vulnerable to eviction for non-payment.
Yes, landlords may charge late fees if the tenant fails to pay rent on time. However, the specific policy, including the amount and when it applies, must be clearly stated in the written Indiana Lease Agreement to be enforceable.
No, Indiana has a statewide ban on rent control. Local municipalities are prohibited from enacting ordinances that regulate or control the amount of rent a landlord may charge for private residential or commercial property.
If a landlord fails to return the deposit or provide an itemized list of damages within 45 days of lease termination and receiving the tenant's forwarding address, they may be liable to return the full deposit amount and pay the tenant's reasonable attorney fees.

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