Indiana (IN) lease form

Indiana Residential Lease Agreement

Indiana residential leases are governed primarily by IC 32-31-3 (Landlord-Tenant Obligations) and IC 32-31-7 (Security Deposits). Indiana does not require leases to be in writing for terms under one year, but written leases are strongly recommended and must exclude certain provisions that are void as a matter of public policy under state law.

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Required disclosures

Lead-Based Paint Disclosure (Federal)

For any dwelling built before 1978, landlords must provide the EPA-approved disclosure form and the pamphlet 'Protect Your Family from Lead in Your Home' before the tenant signs the lease. This is a federal requirement under 42 U.S.C. 4852d, not Indiana-specific, but applies to all Indiana pre-1978 rentals.

Landlord Identity and Address (IC 32-31-3-16)

The landlord must disclose in writing the name and address of the person authorized to manage the premises and the owner (or agent authorized to receive notices and legal process). This disclosure must be kept current throughout the tenancy.

Move-In Condition Statement / Checklist

While not explicitly mandated by statute in the same form as some states, Indiana courts and IC 32-31-5 security deposit provisions make a written itemization of the unit's condition at move-in a practical necessity to support or defend any deduction claim at move-out.

Utility Responsibility Disclosure

If the tenant is responsible for any utility or service, Indiana best practice (and common lease standard) requires the lease to identify each utility, whether it is separately metered, and who pays. Failure to disclose shared or sub-metered utility arrangements can create liability.

Absence of Habitability Waiver

Indiana law (IC 32-31-8-5) imposes a non-waivable duty on landlords to maintain the premises in a habitable condition; any lease clause purporting to have the tenant waive this right is void and should not appear in the document.

Clauses your lease should include

Identification of all parties: the lease must name all adult tenants and the landlord (or management company) by full legal name, and state the full street address of the rental unit.
Lease term and rent amount: Indiana law requires a clear statement of the tenancy duration (fixed-term or month-to-month), the monthly rent, the due date, and any grace period before a late fee applies.
Security deposit terms: the lease must state the deposit amount; under IC 32-31-3-13, landlords holding a deposit for more than six months on a lease with a term exceeding two years must pay interest at the passbook savings rate.
Entry notice requirement: IC 32-31-5-6 requires the landlord to give at least 24 hours advance notice before entering the unit for non-emergency purposes; the lease should restate this right and the permitted hours.
Rules on lease renewal and holdover: the lease must specify whether a holdover tenancy converts to month-to-month or year-to-year and what notice is required to terminate, to avoid disputes under IC 32-31-1.
Occupancy and subletting policy: Indiana leases should state whether subletting is permitted and the process for approval, as an unauthorized sublet can be grounds for termination under IC 32-31-3.
Maintenance responsibilities: the lease must allocate specific repair and upkeep duties between landlord and tenant consistent with IC 32-31-8, which sets non-waivable minimum habitability standards for landlords.

Clauses to avoid in Indiana

A clause waiving the landlord's statutory duty to maintain the premises in a habitable condition is void under IC 32-31-8-5 and cannot be enforced regardless of tenant signature.
Any provision authorizing the landlord to remove or dispose of a tenant's personal property or lock the tenant out of the unit without a court order is prohibited under IC 32-31-3-14 (self-help eviction is illegal in Indiana).
A clause requiring the tenant to waive the right to a written accounting of security deposit deductions within 45 days of move-out violates IC 32-31-3-12 and is unenforceable.
A lease term that exempts the landlord from liability for injuries or property damage caused by the landlord's own negligence or failure to maintain the premises is against Indiana public policy and will not be upheld.
Any clause requiring the tenant to pay attorney fees in all disputes regardless of outcome is disfavored; Indiana courts generally follow the American Rule and one-sided fee-shifting provisions are regularly struck down.
A provision allowing the landlord to retain the security deposit automatically without itemization if the tenant leaves early is void; IC 32-31-3-12 mandates a written itemization of all deductions.

Drafting tips

Use a written checklist signed by both parties at move-in and move-out to document unit condition, providing a clean evidentiary record if any security deposit deduction is disputed under IC 32-31-3.
Include a clear late-fee clause stating a specific flat dollar amount or percentage (courts have questioned excessive fees), since Indiana has no statutory cap but fees deemed a penalty may be reduced by a judge.
Specify whether rent-to-own or lease-option rights exist in a separate addendum, because Indiana courts treat lease-option clauses as real estate contracts subject to the Statute of Frauds if the option value exceeds one year.
For multi-unit properties, attach a separate house rules addendum covering noise, parking, pets, and common-area use rather than embedding them in the main lease body, making future amendments easier without redrafting the entire agreement.

General information, not legal advice. Governing statute: Indiana Code Title 32, Article 31 (Landlord-Tenant Relations). Confirm current requirements or consult an attorney before finalizing a lease.

Indiana lease FAQ

Common questions

What disclosures are required in an Indiana residential lease?

Indiana landlords must disclose the name and address of the property manager and owner (IC 32-31-3-16), provide the federal lead-paint disclosure for pre-1978 units, and identify utility responsibilities. There is no comprehensive state-mandated disclosure form, but failure to disclose landlord identity can void certain lease terms.

Are there lease clauses that are automatically void in Indiana?

Yes. Clauses waiving the landlord's habitability duty (IC 32-31-8-5), authorizing self-help eviction or lockouts (IC 32-31-3-14), or waiving the tenant's right to a security deposit itemization (IC 32-31-3-12) are void by statute even if both parties signed the lease.

Does Indiana require a written residential lease agreement?

No. Indiana law does not require leases under one year to be in writing, but oral month-to-month tenancies provide fewer protections to both parties. Written leases are strongly recommended and are required for any fixed term exceeding one year under the Statute of Frauds (IC 32-21-1-1).

Can an Indiana landlord charge any late fee amount in a lease?

Indiana has no statutory cap on late fees, but a court may void or reduce a fee it considers a penalty rather than reasonable liquidated damages. Leases should state a specific, flat dollar amount or a modest percentage of rent with a reasonable grace period.

All state lease forms

Indiana Residential Lease Agreement