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Indiana Lease Agreement
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Indiana at a glance: Security Deposit Limit: No statutory cap · Deposit Return Deadline: 45 days after termination · Notice to Terminate Month-to-Month: 30 days
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Overview
Lease Agreements in Indiana
Indiana landlord-tenant law is governed by Ind. Code § 32-31. Indiana is generally landlord-friendly with no cap on security deposits and a 10-day notice required for non-payment evictions.
State law preempts local rent control ordinances, so no Indiana city can enact rent control. Security deposits must be returned within 45 days.
Key Facts
Indiana Lease Agreement — Quick Reference
| Requirement | Indiana Rule |
|---|---|
| Security Deposit Limit | No statutory cap |
| Deposit Return Deadline | 45 days after termination |
| Notice to Terminate Month-to-Month | 30 days |
| Eviction Notice (Non-Payment) | 10-Day Notice |
| Rent Control | Prohibited by state law |
| Governing Law | Ind. Code § 32-31 |
Legal Requirements
Indiana Legal Requirements
- Security deposits must be returned within 45 days with itemized deductions.
- Landlords must provide receipts for security deposits.
- Lead paint disclosure required for pre-1978 properties.
- Landlords must maintain the property in compliance with health and housing codes.
Governing Laws
Indiana Governing Laws
Ind. Code § 32-31-3-12
Security Deposit Return
Requires landlords to return security deposits within 45 days of tenancy termination with itemized deductions. Failure allows tenant to recover the withheld amount plus damages.
Ind. Code § 32-31-1-8
Notice Requirements
Requires 10-day notice for non-payment of rent before eviction can be filed.
Read the full text of these laws at Cornell Law School's Indiana legal resources or your state legislature's official website.
Questions & Answers
Indiana Lease Agreement — Frequently Asked Questions
How long does an Indiana landlord have to return a security deposit?
Indiana landlords must return security deposits within 45 days of the termination of the tenancy along with an itemized statement of deductions. Failure may result in the tenant recovering up to the amount wrongfully withheld.
Can Indiana cities enact rent control?
No. Indiana state law prohibits local governments from enacting rent control or rent stabilization ordinances.
What is the eviction notice period in Indiana?
Indiana requires a 10-day notice to pay rent or vacate for non-payment before filing an eviction (small claims) action.