Indiana Rental Lease Agreement Templates

1.) Floodplain (§ 32-31-1-21): Put into effect for all lease agreements that were created or renewed after June 30, 2009, any rental property that has a bottom floor that is below the one hundred (100) year frequency flood elevation must come with a written disclosure provided by the landlord. (Find out more information by visiting the Indiana Department of Natural Resources’ Floodplain Mapping page.)

2.) Lead-Based Paint (42 U.S. Code § 4852d)): Specific to the leasing of residential properties constructed before the year 1978, this disclosure must include any known information about the presence of lead-based paint hazards contained within the boundaries of the residence, as well as information explaining the dangers of exposure to the toxic material.

3.) Manager/Agent Contact Details (§ 32-31-3-18): Upon entering into a rental/lease agreement, the lessor or their legal representative must provide a written disclosure that contains the names and addresses of any managers, proprietors, or authorized agents working on their behalf.

4.) Smoke Alarms (32-31-5-7): Indiana explicitly requires landlords obtain a statement (in writing) that acknowledges operable smoke detectors on the premises from the tenant.

5.) Water/Sewage Disposal Service (§ 8-1-2-1.2) – If a landlord bills a tenant for the use of a water or sewage disposal service separately, they must disclose said services and fees in writing, as well as the the following statement:
“If you believe you are being charged in violation of this disclosure or if you believe you are being billed in excess of the utility services provided to you as described in this disclosure, you have a right under Indiana law to file a complaint with the Indiana Utility Regulatory Commission. You may contact the Commission at (insert phone number for the tenant to contact the Commission).”

Grace Period: Indiana does not govern grace periods; however, leases can determine one according to landlord and tenant agreements.

Unpaid Rent: Whenever the rent is unpaid on the due date, landlords can send a 10-day termination notice (Ind. Code § 32-31-1-6).

Indiana allows residential leases to determine reasonable late fees, since it does not govern them.

Rental Purchase Agreement: Once rent is 5 days overdue, Landlords impose a $8 (maximum) late fee if they have monthly renewal (Code § 24-7-5-5(a)(1)).

Returning the Security: Landlords have 45 days after lease termination to return security; however, tenants must provide an address (IN Code § 32-31-3-12).

Itemized List: Landlords deducting from a security deposit hold the obligation of explaining each such expense for repairs as they effect the return (IN Code § 32-31-3-12).

Standard Entry: Landlords must give a “reasonable written or oral notice” of their intent to enter to for maintenance and showings as well as essential repairs (Title 32. Property § 32-31-5-6).

Emergency Entry: Landlords have the right to enter whenever an emergency “threatens the safety” of the tenants, property, or both. (Title 32. Property § 32-31-5-6).

Landlords reserve the right to assume abandonment if:

• The tenant does not submit rent
• The tenant does not offer to pay delinquent rent
• “Circumstances are such” that anyone reasonable would assume the tenant will not return (Indiana Code Title 32. Property § 32-31-5-6)