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What Is an Indiana Lease Agreement?

An Indiana lease agreement is a legally binding contract between the landlord or the property management company and the tenant(s) for a specific rental property. After the contract is executed by the parties, the tenant can take possession of the property and move in. An Indiana lease agreement can be used for residential or commercial property.

Most Commonly Used Indiana Lease Agreements

The most commonly used Indiana rental lease agreements include:

All of the most commonly used Indiana lease agreements contain the same components, but they still have some differences. For example:

  • A roommate agreement has the same provisions as a standard residential lease agreement, but it is different because it explains which areas of the rental are for the sole use of the roommate and which areas are community space and may be used by everyone.
  • A standard residential lease agreement is usually written for a term of 12 months. At the end of that term, it may convert to a month-to-month tenancy or it may automatically renew for another year. However, both versions would also have a clause stating that if either party doesn’t plan to renew the agreement, they must give the other party 30 days’ written notice about moving out.

How to Write an Indiana Lease Agreement

Indiana lease agreements must comply with Indiana landlord-tenant laws or they are unenforceable. There are other laws that must be considered. You’ll learn more about some of these laws under the sections related to disclosures and security deposits.

Because it is a legal contract, you should ensure that you read the terms or have it reviews by an attorney before you sign it.

An Indiana lease agreement needs:

  • Names of the Parties - This requires the landlord's full name or the property management company's legal business name and the full name of the tenant(s).
  • Property Address - This is the full address for the leased space or rental property. It includes the city, zip code, and the lot or unit number if there is one.
  • Term Information - This explains the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the space for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
  • Rental Amount - This includes the date that the lease will begin, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
  • Late Fee - This is the fee that is due if the rent is not paid by a certain date.
  • Security Deposit - This is the amount of deposit that must be paid in advance of the tenant taking control of the property. A security deposit is used to repair damages caused by the tenant.
  • Initial Payment - This is the total amount of money that the tenant must pay to move into the rental property. This should include the amount of the first month's rent, the security deposit, and the total of the two numbers added together.
  • Occupants - The full name of each tenant must be listed even if they are a minor or are not signing the lease for some reason. This part of an Indiana residential lease agreement establishes who will reside in the residential unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
  • Utilities - This section notes which utilities or services a tenant does not pay.
  • Parking - If a parking space is reserved and there is a designated spot, the spot should be listed in this section.
  • Furnishings - This section explains to tenants what they are allowed to install (such as a washing machine or dishwasher) or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
  • Notices - This section lists the names of both the landlord or property manager and tenant along with their full mailing address. This contact information will be used if the parties need to send out a notice to the other party for some reason.
  • Eviction - This section informs tenants of how eviction would be carried out in the event of nonpayment or breach of other lease terms.
  • Additional Terms -This section lists any other obligations that the parties agreed to that haven't been included in any other section of the lease agreement.
  • Signature and Date - The document should be signed and dated by all parties.

Which Disclosures Belong in an Indiana Lease Agreement?

Indiana lease agreements require two specific disclosures. Under Indiana landlord-tenant law, the landlord must disclose the name of the person or persons allowed onto the rental property for repairs or to deliver notices. Under federal law, rental units built prior to 1978 must have a lead-based paint disclosure.

Also, landlords mustn’t enter the rental space for non-emergency reasons without giving the tenants proper notice.

What You Need to Know About Indiana Lease Agreement Deposits

Indiana law does not set the maximum amount of security deposits. However, under state law, landlords must return the money to the tenant within forty-five (45) days after the end of the lease.

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