Imagine you are all set for your new academic journey but unaware of Indiana Landlord Tenant Law! Understanding the local laws and regulations is like mastering a new subject altogether. No need to worry anymore. In this blog, we will take you through the Indiana Landlord Tenant Law for your better understanding before hunting for student accommodation in Indiana. Keep reading further for details about Indiana Landlord Tenant Law.
Table of contents
Indiana Landlord Tenant Law: Inclusions in Agreement
As per the Indiana Code (Title 32, Article 31), the tenancy agreement must include each and everything related to the property. The landlord should disclose all the related details. The Indiana Landlord Tenant Law is quite strict for both the landlord as well as the tenant. The lease agreement must include
- Details about the property
- Contact details of the landlord
- Contact details of the tenant
- Amount of the rent
- Payment clauses for rent
- Terms and conditions for the payment of rent
- Clauses related to the security deposit
- Subleasing (If applicable)
- Inclusions and exclusions of rent
- Additional details if any.
It is highly recommended to read the lease agreement carefully before signing it. These agreements can be either written or verbal, though written agreements are preferred for clarity and legal protection. Also note that, under Indiana Landlord Tenant Law, the leases with 3 years or more duration must be in a written format only.
To fit new clauses into the lease agreement, it can be amended as per Indiana Landlord Tenant Law. However, the landlord must give prior notice to the tenant. The number of days provided to the tenant after the notice is 30 days.
Clauses Under Indiana Landlord Tenant Law
It is really important to be aware of all the clauses as mandated in Indiana Landlord Tenant Law to maintain and promote a healthy relationship with the landlord. Here are some common and important clauses you must be aware of before going on rent in Indiana.
Payment Clauses
If you have entered into a monthly payable contract, it is important to pay the rent at the beginning like the first day or first week of the month as decided in the tenancy agreement. No doubt, the landlord can increase or decrease the amount of rent according to his will as there is no rent control policy in Indiana Landlord Tenant Law. However, they must provide 30 days’ notice to the tenant to comply with the Indiana Landlord Tenant Laws.
Security Deposit
Firstly, there is no limit to the security deposit set by Indiana Landlord Tenant Law. And, this is the reason the landlord can charge a reasonable amount of security deposit from the tenant. Generally, landlords in Indiana charge a security deposit of up to 2 month’s rent.
Under Indiana Landlord Tenant Law the security deposits must be returned within 45 days after the lease ends, minus lawful deductions for damages or unpaid rent. The tenant can directly move to the court in case the landlord fails to deliver the security deposit within 45 days of leaving the property.
The Indiana Landlord Tenant Law also grants the right to the tenant to withhold the rent under certain conditions. Similarly, the landlord can also withhold the security deposit to cover the expenses but he is mandated to provide the heads and itemised list of damages. The damages may include those that exceed normal wear and tear, broken appliances or any unpaid bills.
Small Claims Court
Small claims court under Indiana Landlord Tenant Law hear cases valued up to USD 6,000. Also, the termination and eviction cases are handled by the small claims court in Indiana. In case of dissatisfaction from the landlord, you are free to exercise your tenant right and move to the small claims court for fair decisions.
Essential Services
As per Indiana Landlord Tenant Law essential services such as heating, plumbing, and electrical systems must be maintained by the landlord. The landlord must provide the property to the tenant in a livable condition ensuring a safe environment. In case of failure of the essential appliances, the tenant can ask for the repairs from the landlord as per Indiana Landlord Tenant Law. If the issues remain unresolved after the desired time, the tenant can make the repairs and deduct the cost from the rent.
Maintenance and Repairs
As per Indiana Landlord Tenant Law, the tenant must maintain the property in a good and liveable condition. The tenant is responsible for any damages caused and must comply with the lease terms. Proper notice must be given to the landlord under Indiana Landlord Tenant Law before leaving it. The notice should be sent to the landlord 30 days before leaving the property.
Rights and Responsibilities Under Indiana Landlord Tenant Law
Before signing the lease agreement it is really important to understand the rights and responsibilities. Both should acknowledge the rights and responsibilities under Indiana Landlord Tenant Law to ease the process. Now, Let’s take you through the rights and responsibilities of tenants as well as landlords under Indiana Landlord Tenant Law.
Landlord’s Rights And Responsibilities
Under Indiana Landlord Tenant Law, the landlord has the right to receive rent payments, expect tenants to adhere to lease terms, and terminate leases in accordance with legal procedures. The landlord can also withhold a security deposit if the damage is more than normal wear and tear. They must also ensure the property is habitable and comply with repair requests. As per the Indiana Landlord Tenant Law, the landlord can proceed with the eviction process if the tenant doesn’t comply with the lease terms.
Under the Indiana Landlord Tenant Law, it is the duty and prime responsibility of the landlord to provide a habitable and liveable property to the tenant. Electrical systems, smoke detectors, sanitary plumbing systems, and air conditioning systems are basic appliances that should be made available by the landlord before providing the property for the lease. They are also responsible for returning security deposits within the 45-day time frame and providing itemised lists of any deductions(if made).
Rights and Responsibilities of Tenant
Under Indiana Landlord Tenant Law, the tenant has the legal right to a habitable living environment, including proper maintenance of essential services. As there is no rent control policy, the landlord can increase the rent but it is the legal right of the tenant to get informed with a notice of 30 days. The tenant also has the right to contest unjust eviction actions and seek legal advice if needed. Tenants have to pay rent on time if they want to comply with Indiana landlord-tenant laws. If the tenant withholds rent without reason, may face legal proceedings from the landlord.
As per the law, tenants are responsible for paying rent on time, maintaining the property, and following lease agreements. They must also provide proper notice before vacating the property, generally 30 days for month-to-month leases. It is the responsibility of the tenant to maintain the property, pay rent on time, make small repairs, and comply with the lease agreement signed in accordance with Indiana Landlord Tenant Law.
Further Read: Feeling overwhelmed by California’s rental rules? Check out our student-friendly guide to California landlord-tenant laws and get the essential tips for your lease with ease!
Termination and Eviction Under Indiana Landlord Tenant Law
Under Indiana Landlord Tenant Law, both the landlord as well as tenant can terminate the lease with proper notice. If the tenant is terminating the lease agreement, the 30-day notice in case of weekly term and 3 months notice in monthly term must be provided to the landlord. The tenant can terminate the lease under various conditions. This includes active military duty, unacceptable living conditions, domestic violence, breach of terms and conditions, and an early termination clause.
Similarly, if the landlord is evicting the tenant from the property, there are several conditions. Firstly, in case of a breach of terms and conditions, a 10-day notice should be given to the tenant. Secondly, in case of non-payment of the rent, a 10-day notice is required to pay or quit, and thirdly, in case of criminal activity, the landlord can evict the tenant without any notice. This process includes providing legal notice and, if necessary, filing a lawsuit. Tenants have the right to contest an eviction in court.
Recommended Read: Ready to know the ins and outs of student accommodation in the Lone Star State? Check out our ultimate guide to Texas landlord-tenant laws.
FAQs
Your landlord must return the security deposit within 45 days of the lease ending, minus any lawful deductions. If this does not happen, you may have grounds to seek legal action.
No, your landlord must provide proper notice before evicting you. This process includes giving written notice and, if necessary, pursuing legal action through the court. However, the landlord can evict you immediately in case of criminal activity as per Indiana Landlord Tenant Law 2024.
You can request repairs from your landlord. If they are not addressed, you might be able to make the repairs yourself and deduct the cost from your rent, but this should be done carefully and in compliance with local laws and the lease agreement you have signed.
For month-to-month leases, you need to provide 30 days’ notice before moving out. Fixed-term leases generally end on the lease term’s end date unless renewed.
As per Indiana Landlord Tenant Law, a lease agreement should include the following key elements:
– Rent amount and due date
– Lease term (e.g., month-to-month or fixed-term)
– Security deposit terms and conditions
– Maintenance and repair responsibilities
– Utilities included
Hope you liked reading about the Indiana Landlord Tenant Law. For a stress-free stay during your study abroad adventure, choose Fly Homes. Call 1800572118 to reserve your ideal student accommodation abroad with ease.
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