Indiana Residential Lease Agreement
A free Indiana lease template, plus what Indiana law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Indiana requires
| Manager and agent for notices | At or before the start of the rental agreement, the landlord must give the tenant, in writing, the names and addresses of (1) an Indiana resident authorized to manage the unit and (2) an Indiana resident, reasonably accessible to the tenant, authorized to accept legal papers, notices and demands for the owner. The same person may fill both roles. A person who does not make this disclosure becomes the landlord's agent for those purposes, and the tenant may recover reasonable costs of finding the information. The duty binds any later landlord, owner or manager. Applies to: all residential rental agreements Source: IC 32-31-3-18 |
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| Flood plain | If the lowest floor of the building (including a basement) is at or below the 100-year flood elevation, as shown by the Department of Natural Resources, FEMA Flood Insurance Rate Maps or FEMA-approved local flood plain maps, the landlord must clearly disclose in the rental agreement that the building is in a flood plain. Applies to: residential, agricultural and commercial rental agreements entered into or renewed after June 30, 2009 Source: IC 32-31-1-21 |
| Nearby military installation | The lease must disclose that the property is near a military installation within a state area of interest (as defined in IC 36-7-30.2-6), may be affected to some degree by the installation's military operations, and that local laws may restrict use and development of the property to support compatibility with the installation. Applies to: leases entered into or renewed after June 30, 2023, for property near a military installation within a state area of interest Source: IC 32-31-1-21.1 |
| Smoke detector acknowledgment | When the unit is handed over, the landlord must have the tenant acknowledge in writing that the unit has a working smoke detector. Applies to: rental agreements entered into or renewed after June 30, 1999 Source: IC 32-31-5-7(a) |
Terms Indiana law requires or controls
| Deposit as last month's rent | A security deposit can be used as the last rent payment only if a written agreement between landlord and tenant says so. Unless otherwise agreed, the tenant may not apply the deposit to rent. Applies to: all residential rental agreements with a security deposit Source: IC 32-31-3-12, 32-31-3-13(3) |
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| Utility charges | A deposit may cover unpaid utility or sewer charges only if the rental agreement makes them the tenant's obligation. A landlord does not have to pay for electricity, gas, water or other services unless the landlord agreed to in an oral or written rental agreement. Applies to: all residential rental agreements |
| Changing the agreement | Unless a written rental agreement says otherwise, the landlord must give at least 30 days' written notice before changing the rental agreement (including raising the rent). Applies to: rental agreements entered into or renewed after June 30, 1999 Source: IC 32-31-5-4 |
| Tenant's representative | A written lease may name a person to act as the tenant's representative if a sole-occupant tenant dies or is incapacitated; that person ranks second in priority, after a person the tenant names in a separate writing delivered to the landlord. The representative may remove the tenant's property and receives the deposit and unearned rent. Applies to: optional lease term; sole-occupant tenants Source: IC 32-31-1-23 |
Clauses that are void in Indiana
| Waiving deposit rules | Any waiver of the security deposit chapter by a landlord or tenant is void. Applies to: all residential rental agreements Source: IC 32-31-3-17 |
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| Waiving lockout, entry and notice protections | A waiver of IC 32-31-5 (30-day notice to change the agreement, no lockouts or utility shutoffs, entry rules, smoke-detector acknowledgment), by contract or otherwise, is void. A lease also may not define abandonment differently from the statute. Applies to: rental agreements entered into or renewed after June 30, 1999 Source: IC 32-31-5-1(c), 32-31-5-6(b) |
| Waiving smoke detector rules | Landlord and tenant may not waive, in the lease or a separate writing, the smoke detector requirements of IC 22-11-18-3.5. Applies to: all residential rental agreements Source: IC 32-31-5-7(b) |
| Waiving landlord repair duties | A waiver of the landlord's obligations under IC 32-31-8 (deliver the unit safe, clean and habitable; comply with health and housing codes; keep facilities working), by contract or otherwise, is void. Applies to: residential rental agreements covered by IC 32-31-8 Source: IC 32-31-8-4 |
| Waiving tenant-obligation rules | A waiver of IC 32-31-7 (the statutory list of tenant obligations and the landlord's remedy to enforce them), by contract or otherwise, is void. Applies to: residential rental agreements covered by IC 32-31-7 Source: IC 32-31-7-4 |
| Waiving anti-retaliation protection | A waiver of the retaliation chapter by a landlord or tenant, including a former tenant, by contract or otherwise, is void. Applies to: all residential rental agreements Source: IC 32-31-8.5-0.5 |
| Waiving domestic violence protections | A waiver of the protections for victims of domestic violence, sex offenses and stalking (lock changes, early termination, no retaliation), by contract or otherwise, is void. Applies to: rental agreements for dwelling units entered into or renewed after June 30, 2007 Source: IC 32-31-9-1(c) |
| Waiving exempt-property storage rules | A waiver of the rules protecting a tenant's exempt property removed and stored under a court order (including release to the owner without payment on demand) is void. Applies to: all residential rental agreements Source: IC 32-31-4-2 |
| Requiring a vehicle lien | A landlord may not require a lien on the tenant's motor vehicle as a security deposit or to secure rent. A landlord may accept one, but must record it and follow the deposit rules to enforce it. Applies to: all residential rental agreements Source: IC 32-31-3-13.5 |
Format and delivery rules
| Recording long leases | A lease for more than three years that is not recorded within 45 days after it is signed is void against a later good-faith purchaser, lessee or mortgagee of the property. Applies to: leases longer than three years Source: IC 32-31-2-2 |
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| Copy of lease | No Indiana statute requires the landlord to give the tenant a signed copy of the lease. The manager/agent disclosure under IC 32-31-3-18 must be in writing. Applies to: all residential rental agreements |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Indiana law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Indiana law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Indiana law (IC 32-31 (no late-fee provision); IC 32-31-1-20(c)(7)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount] (Indiana law sets no maximum; IC 32-31-3). Landlord will return it, minus lawful deductions with any required itemized list, within the time Indiana law sets (IC 32-31-3-12, 32-31-3-14).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Indiana law requires (IC 32-31-5-6(e)-(g)), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Indiana law requires.
14. Deposit as last month's rent. (Write this clause to meet Indiana law: see "Deposit as last month's rent" above (IC 32-31-3-12, 32-31-3-13(3)).)
15. Utility charges. (Write this clause to meet Indiana law: see "Utility charges" above (IC 32-31-3-12(a)(3), 32-31-3-13(4); IC 32-31-5-6).)
16. Changing the agreement. (Write this clause to meet Indiana law: see "Changing the agreement" above (IC 32-31-5-4).)
17. Tenant's representative. (Write this clause to meet Indiana law: see "Tenant's representative" above (IC 32-31-1-23).)
18. Disclosures attached. Landlord has given Tenant these disclosures required by Indiana law: Manager and agent for notices; Flood plain; Nearby military installation; Smoke detector acknowledgment. [Attach each one.]
19. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
20. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.