By Type (6)
 Standard Lease Agreement – The most common type of contract with the time period being fixed. Usually, is a 12-month period, but it can be any time period as determined by the parties.
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 Commercial Lease Agreement – For any type of industrial, office, or retail space.
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 Month-to-Month Lease Agreement – A type of contract that allows either party, landlord or tenant, to rent a residential property and have the option to cancel at any time with at least one month’s notice.
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 Rent-to-Own Lease Agreement – Standard contract with the added benefit of having the right to buy the property during the term.
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 Room Rental (Roommate) Agreement – To be written with all the members of a housing unit that is split between individuals that rent bedrooms and share common space such as bathrooms, kitchen, living room, etc.
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 Sublease Agreement – Allows a tenant to get someone else, known as a subtenant, to rent the space they are under agreement for until the end period or any other time as agreed upon. Usually, the landlord will need to sign off on any new subtenant(s).
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Required Disclosures (3)
1. Lead-Based Paint Disclosure & EPA Pamphlet – Under federal law, if the landlord’s property was built before 1978, it is mandatory that the disclosure form be attached, initialed, and signed by the tenant.[1]
2. Landlord’s Name and Address – The landlord must disclose the name and address of the person allowed on the property. The information should be used for notices sent to the landlord.[2]
3. Smoke Detector Disclosure – Must be signed by the tenant at the time of taking occupancy to acknowledge that a functional smoke detector is in the residence.[3]
Security Deposits
Maximum Amount – There is no maximum security deposit amount in Indiana. The landlord may ask as much as desired from the tenant.
Collecting Interest – Indiana state law does not require the landlord to collect interest on a held security deposit.
Returning – The landlord must return the security deposit, minus any amount applied to necessary repairs or unpaid rent, to the tenant within 45 days from the termination of the lease and the delivery of the property back to the landlord.[4]
- Itemized List – If money from the security deposit is used to cover the cost of damages to the rental unit, the landlord must provide an itemized list of damages to the tenant within 45 days of the termination of the lease that includes the estimated costs of repair for each damaged item.[5]
When is Rent Due?
Grace Period – Rent is due on the day mentioned in the lease agreement. There is no statutory grace period in Indiana. If the tenant refuses or fails to pay rent on time, the landlord may give a 10-day notice to quit unless the rent is paid in full.[6]
Maximum Late Fee – There is no statute governing late fees. Therefore, the landlord may charge as much as desired.
NSF Fee – $25 is the maximum amount that can be charged for a bad check.[7]
Withholding Rent – Indiana state law does not allow tenants to withhold rent or deduct the cost of repairs from their next rent payment. Tenants must pay the full rent amount agreed upon in the lease.
Right to Enter (Landlord)
Standard Access – A landlord must give reasonable notice, either written or orally, before entering the property, except in emergencies, under a court order, or if the property has been abandoned.[8]
Immediate Access – A landlord may enter the property without notice to the tenant in the case of an emergency that threatens the safety of the occupants or the landlord’s property.[9]
Abandonment
Absence – A dwelling unit is considered abandoned if the tenant has failed to pay their rent and if a reasonable person would conclude that the tenant has abandoned the property.[10]
Breaking the Lease – If a tenant vacates the property before the end date of the lease, the landlord may be entitled to the remaining rent, damages, attorney’s fees, and court costs.[11]
Tenant’s Utility Shutoff – A tenant may not shut off or cause the termination of electricity, gas, water, or other essential services to a property if the termination of service will result in serious damage to the rental unit.[12]
Unclaimed Property – A landlord has no liability for loss or damage to a tenant’s personal property if the tenant has abandoned the personal property after vacating the rental property.[13]