What clauses are legally required in every Indiana lease agreement?
Every Indiana lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. Indiana requires a written manager/agent disclosure (below) and, where applicable, a flood-plain disclosure. A lease for a term longer than three years must be in writing under the Statute of Frauds (IC 32-21-1-1).
Indiana security deposit rules — the 45-day return
Indiana sets no cap on the deposit amount, but IC 32-31-3 governs how it is returned:
- No cap on the deposit amount.
- Return (IC 32-31-3-12): within 45 days after the tenancy ends and the tenant delivers possession, the landlord must mail the deposit or a written itemized list of damages with the balance. The landlord is not liable until the tenant provides a written mailing address for the notice.
- Permitted deductions (IC 32-31-3-13): actual damage beyond ordinary wear and tear, unpaid rent (including rent for premature termination), and unpaid utility or sewer charges the tenant owed.
- Penalty (IC 32-31-3-15): a landlord who fails to comply forfeits the right to withhold and is liable for the amount due plus the tenant's reasonable attorney's fees and court costs.
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent rules in Indiana
Indiana does not set a statutory cap on residential late fees and does not require a grace period. A late fee is enforceable if it is written into the lease and operates as a reasonable estimate of the landlord's costs rather than a penalty. (A bill to cap late fees at $50 has been proposed in the past but is not current law.)
Notice periods to end or not renew an Indiana lease
Indiana notice periods:
| Situation | Notice | Statute |
|---|---|---|
| Terminate month-to-month (tenancy at will) | 1 month (30 days) | IC 32-31-1-1 |
| Modify the rental agreement (e.g., raise rent) | 30 days | IC 32-31-5-4 |
| Nonpayment of rent | 10-day notice to pay or quit | IC 32-31-1-6 |
For nonpayment, the landlord must give at least 10 days' written notice to pay before filing; the landlord need not accept a partial payment, and a partial payment does not reset the clock. Self-help eviction is unlawful.
What disclosures must Indiana landlords provide?
Indiana's required disclosures:
- Manager / agent identity (IC 32-31-3-18): in writing at or before the start of the tenancy, the landlord must disclose the name and address of an Indiana-resident person authorized to manage the unit and of an Indiana-resident agent authorized to receive service of process, notices, and demands.
- Flood-plain disclosure (IC 32-31-1-21): if the lowest floor (including a basement) is at or below the 100-year-frequency flood elevation, the landlord must clearly disclose in the rental agreement that the structure is in a flood plain.
- Lead-based paint (federal): the disclosure, records, and EPA pamphlet for pre-1978 housing.
What happens if an Indiana lease is missing required terms?
Specific failures carry specific consequences:
- Missed 45-day return / no itemization: forfeits the right to withhold and exposes the landlord to the amount due plus the tenant's attorney's fees and court costs (IC 32-31-3-15).
- Missing manager disclosure: leaves the lease non-compliant with IC 32-31-3-18 and complicates notice and service.
- Missing flood-plain disclosure: non-compliant with IC 32-31-1-21 where the 100-year-elevation trigger applies.
Managing rentals in more than one state? Compare Indiana's rules with our Ohio and Michigan lease requirement guides.
Full Indiana disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a Indiana landlord must give at signing, see our Indiana required lease disclosures checklist.
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Create your Indiana lease agreement →Frequently asked questions
Is there a security deposit limit in Indiana?
No. Indiana sets no cap on the deposit amount, but the deposit must be returned with a written itemized list of damages within 45 days of move-out (IC 32-31-3-12). Ignore any source claiming a one-month or 1.5x cap — Indiana has none.
How long does an Indiana landlord have to return a security deposit?
Within 45 days after the tenancy ends and possession is delivered, provided the tenant has given a written mailing address. Failure forfeits the right to withhold and exposes the landlord to the amount due plus attorney's fees and court costs (IC 32-31-3-12, -15).
Is there a late-fee limit in Indiana?
No. Indiana does not cap residential late fees or require a grace period. A late fee is enforceable if it is written into the lease and is a reasonable estimate of costs rather than a penalty.
How much notice is required to end a month-to-month tenancy in Indiana?
One month (30 days) written notice for a tenancy at will (IC 32-31-1-1). Nonpayment of rent requires a separate 10-day notice to pay (IC 32-31-1-6).
Does Indiana require a flood disclosure in the lease?
Yes, in some cases. If the lowest floor of the rental (including a basement) is at or below the 100-year-frequency flood elevation, the landlord must disclose in the rental agreement that the structure is in a flood plain (IC 32-31-1-21).
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.