Free Indiana Residential Lease Agreement Form

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What is a Lease Agreement in Indiana

A lease agreement is a legally binding contract between a landlord and a tenant. This is written to conform to state laws where the property is located. In Indiana these allow both parties to comply with a series of set terms for a specified number of months or years.

Rental contracts and lease agreements have a lot of similarities as they both set out payment plans and the terms of use for a house or apartment. However, the big difference is the duration that they cover. Rental agreements usually only cover short-term tenancies of a few months at a time or month-to-month contracts.

A lease agreement should contain the following details:

  • How long the tenant may legally reside in the property
  • How much rent should be paid
  • Information about the security deposits necessary
  • When rental installments are due
  • Any additional costs that must be serviced by the tenant
  • The rules regarding the proper use of the property
  • Situations that constitute lease violation eviction procedures

Types of Indiana Lease Agreements

There are many types of Indiana lease agreement forms that can be used to manage and legally bind many different types of rental situations. They allow landlords to rent out various types of property they might have and for tenants to find the best kind of tenancy for their needs.

The most common types of lease agreements in Indiana include:

  • Standard residential lease agreements: Under a standard lease agreement both the landlord and tenant commit to a fixed set of terms that last for a series of months or years.
  • Lease-to-own lease agreements: Lease agreements with lease-to-own options allow the possibility of the tenant purchasing the property during the term.
  • Month-to-month rental agreements: Month-to-month lease agreements will often have similar basic terms to standard residential lease contracts. However, they differ as they can be renewed or ended on a month-by-month basis. Their terms may also be flexibly altered each month.
  • Commercial lease agreements: Commercial leases are provided by landlords of retail property to tenants that intend to use the real estate to run a business.
  • Room rental agreements: In rental properties with shared living areas a room rental agreement can be used to rent a singular bedroom.
  • Sublease Agreement: An Indiana sublease agreement allows tenants to reassign or ‘sublease’ the property to another individual. This requires the property landlord’s permission and must be specifically allowed in the original lease.

Indiana Lease Addendums and Disclosures

Indiana lease agreements must contain a few disclosures and addendums when they are completed and signed. This is to properly inform the tenant of any health risks or potential issues with the property or details about how the property is managed that they must be aware of.

These essential addendums include the following: 

  • Lead paint disclosure: If the rental unit is in a building constructed before 1978, the landlord or their agent must disclose whether lead paint can be found on the property and must provide safety information for any located on the premises (IC § 16-18-2-0.5).

  • Agent/owner identification: The lease agreement must include a section or an addendum that discloses the contact information of the landlord or a chosen agent who will act on their behalf (IC § 32-31-3-18)

    .

Indiana Lease Agreement Laws

An Indiana lease agreement must be written and signed within the laws of Indiana state, otherwise, it will be legally contestable and can be declared invalid and block either party from recourse if a violation is committed. These will police how you start and end the contract and control what procedures you can reasonably ask a tenant to follow.

The most important laws to consider when you are renting a property in Indiana include:

  • Security deposits: There is no limit to how much IN landlords may charge as a security deposit. This must be returned to the tenant within 45 days of vacating the property and returning the keys, as specified by Indiana law (IC § 32-31-3-9 and § 32-31-3-12). Landlords must also give advance notice of any deductions.
  • Landlord’s right to enter: Landlords can enter the rental property by giving a reasonable amount of notice, either written or orally. The exact amount of required days is not defined within the Indiana code (IC § 32-31-5-6), but most landlords give 24-hours notice and enter the flat during normal business hours.
  • Further contact details: If the property is managed by anyone other than the landlord, tenants must be provided with their contact details so communications to the landlord can be properly handled.

Indiana Residential Lease Agreement Sample

Before beginning the process of creating a residential lease agreement in Indiana it is sensible to review an example document first. Use our IN lease agreement sample below to find out more about the structure and contents of a fully-fledged rental contract.

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Indiana Residential Lease Agreement Template

FAQs About Indiana Lease Agreement

It is important to carefully prepare an Indiana lease agreement to suit the needs of the landlord and tenant exactly. To help demystify the process a little simply review our FAQs below to learn more about the specificities of rental contracts in Indiana.

How to Get a Lease Agreement in Indiana?

It is possible to create an Indiana lease agreement completely online. Using our residential lease agreement maker you can tailor your document for your specific needs and take advantage of professional templates and expert tips.

How to Write an IN Lease Termination Letter?

If either the landlord or tenant for any reason needs to terminate an IN lease agreement early, they must provide the correct amount of notice in a written Indiana lease termination letter.

This letter needs to contain the following information:

  • The name of the landlord and the tenant
  • The date the letter has been written and signed
  • The name and address of the property in question
  • Information explaining why the tenancy needs to be terminated early
  • The reason the lease is being broken
  • The date that the resident will vacate the property
  • Acknowledgment of any penalties that will be incurred
  • Signature of the signing party

Do I Need to Notarize my Indiana Residential Lease Agreement?

It is not necessary to notarize an Indiana residential lease agreement. However, whilst this might not be a legal requirement in Indiana state, signees are still advised to consider this step to provide further legal enforceability.

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Indiana Residential Lease Agreement Template

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INDIANA
Residential Lease Agreement
This Lease Agreement (hereinafter, the "Lease Agreement") is dated as of _________ (hereinafter, the "Effective Date") and is entered into by and between _________ (hereinafter, the "Landlord") and the following resident(s):

_________

(hereinafter, the "Tenant(s)").

The Landlord and the Tenant(s) agree as follows:
1. PROPERTY

The Landlord, in consideration of the lease payments provided in this Agreement, leases to the Tenant(s) a house located at _________, _________, Indiana _________ (the "Property"). No other portion of the building wherein the Property is located is included unless expressly provided for in this Agreement.
2. TERM

The term of the Lease Agreement begins on _________ (hereinafter, the "Commencement Date"), and shall continue from that date as a month-to-month tenancy.

The Tenant(s) may terminate the tenancy by giving the Landlord written notice of intention to terminate the tenancy at least 30 days prior to the intended termination date.

The Landlord may terminate the tenancy by giving the Tenant(s) written notice of intention to terminate the tenancy at least 30 days prior to the intended termination date.

Such notices may be given on any date.
The Tenant(s) shall vacate the Property upon termination of the Lease Agreement, unless:

(i) The Landlord and the Tenant(s) have, in writing, extended this agreement or signed a new agreement.
(ii) Mandated by local rent control law.
(iii) The Landlord accepts Rent from the Tenant(s) (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate.

All other terms and conditions of this Agreement shall remain in full force and effect.
3. MANAGEMENT

The Tenant(s) is hereby notified that the Owner or Landlord _________ is the property manager in charge of repairs or maintenance of the Property.

If the Tenant(s) has any complaint regarding any issue about the Property, _________ shall be contacted by one of the following methods:

Address: _________
Telephone: _________
Email: _________
4. RENT

The Tenant(s) shall pay the Landlord monthly rent in the amount of $_________ (hereinafter, the "Rent") for each full month during this lease.

The full month's rent is due and payable not later than the 1st of each month lease period.

Please Take Notice that mail delays will not excuse the Tenant(s)'s obligation to pay the rent in a timely manner.
Place of Payment:

The Tenant(s) shall remit all rent payment amounts owed to the Landlord under this Lease Agreement to the Landlord and make all amounts payable to the following address:

_________

The Landlord may later change the person and place to which the Tenant(s) must remit the rental amounts due under this Lease Agreement.

Please Take Notice that you must place the Property address and the Tenant(s)'s name on all payments.
Method of Payment:

The Tenant(s) shall pay all rent by selecting any of the following forms of payment (select one or more):
If the Landlord agrees that the Tenant(s) shall have the right to sub-let the Property or any part thereof, or if that the Property is leased under any form of multiple or joint tenancy, the Tenant(s) shall be responsible for collecting the lease payment from the sublessee(s) or joint lessee and submitting it to the Landlord in a single and complete payment.

Moreover, the Tenant(s) shall be responsible for any lease payment not received by the Landlord by the due date stated in the present Lease Agreement. All partial payments made for an incomplete monthly period shall be pro-rated at the rate of 1/30th of the monthly lease payment per day.

Lastly, the Landlord shall have the option to accept or reject payments made by third parties, but such acceptance or rejection of payment shall not imply a future obligation to accept or reject payments submitted by third parties.
5. OCCUPANTS

During the Term of this Lease Agreement, the only individuals the Tenant(s) may permit to reside on the Property are the following:

     _________
6. PARKING

Parking spaces for motor vehicles or motorcycles are not provided nor permitted on the Property under this Lease Agreement.
7. SMOKING

Smoking is not allowed in or on any area of the Property, including individual units and common areas, both indoors or outdoors. This policy applies to all owners, tenants, or guests.

If the Tenant(s) contravenes this provision by smoking or allowing guests to smoke in any place on the Property, then such Tenant(s) shall be held liable for any damages caused to the Property. Moreover, the violation of this provision shall be considered a just cause for the eviction of the Tenant(s) by the Landlord.

This restriction includes the use of e-cigarettes and vaping.
8. MAINTENANCE

The Landlord shall maintain the Property at all times and perform all repairs reasonably necessary. The primary duty of the Landlord shall be to meet the implied warranty of habitability of the Property, that is, that the Property is in a fit, livable condition.
9. REPAIRS

All requests for repairs must be in writing and delivered to the Landlord.

If the Landlord knows that the Property needs emergency repairs, reasonable notice of the Landlord's intent to enter the Property must be given to the Tenant(s) and, in such case, shall only enter at reasonable times.

Under ordinary circumstances, the Tenant(s) may not repair or cause to be repaired any condition, regardless of the cause, without the Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at the Landlord's sole discretion.

The Landlord does not have a duty to repair or remedy a condition if:

(1) The Tenant(s) is delinquent in Rent at the time a repair notice is given.

(2) The condition was caused by the Tenant(s), a member of the Tenant(s)'s family, or a guest or invitee of the tenant (unless the condition was caused by normal wear and tear).

If in an emergency it becomes necessary to make any repairs or replacements by the Tenant(s) without prior written consent from the Landlord, at Landlord's expenses, and such repairs or replacements are found to be unsatisfactory and to have caused additional damages, the Tenant(s) shall reimburse Landlord for the cost of making such repairs.
10. UTILITIES AND SERVICES

The Tenant(s) shall be solely responsible for and shall pay expenses for all utilities and services used or consumed at the Property.
11. FAILURE OF TENANT TO FULFILL OBLIGATIONS

Under the present Lease Agreement, the Tenant(s) will be in default if:

(1) all obligations imposed primarily on the Tenant(s) by applicable provisions of the health and housing codes are not met.
(2) the Premises occupied or used by the Tenant(s) are not kept reasonably clean.
(3) the following items are not reasonably used:
     (a) Electrical systems.
     (b) Plumbing.
     (c) Sanitary systems.
     (d) Heating, ventilating, and air conditioning systems.
     (e) Elevators, if provided.
     (f) Facilities and appliances of the rental premises.
(4) the Premises are defaced, damaged, or destroyed.
(5) all obligations imposed primarily on the Tenant(s) by applicable rules and regulations in existence at the time this Lease Agreement is entered into are not met. The Tenant(s) shall also be in default if such Tenant(s) does not comply with amended rules and regulations as provided in the Lease Agreement.
12. HAZARDOUS MATERIALS

The Tenant(s) shall not keep or have on the Property any article or item of a dangerous, flammable, or explosive material on the Property that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.
13. DAMAGE TO PROPERTY

If the Property is destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualties not caused by the negligence of the Tenant(s), the Tenant(s)' family, guests, agent, or visitors, this Lease Agreement shall terminate from such time except to enforce rights that may have then accrued hereunder.
14. LANDLORD ACCESS TO PROPERTY

Under IC 32-31-5-6(f), the Landlord may enter the dwelling unit:

(1) without notice to the Tenant(s) in the case of an emergency that threatens the safety of the occupants or the Landlord's property, including emergency repairs.
(2) without the consent of the Tenant(s) only under a court order or if the Tenant(s) has abandoned or surrendered the dwelling unit.

The Landlord shall not abuse the right of entry or use a right of entry to harass the Tenant(s). Moreover, the Landlord shall give the tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit and may only enter a tenant's dwelling unit at reasonable times.
15. ASSIGNMENT/SUBLETTING

The Tenant(s) shall not, without the prior written consent of Landlord, which may be withheld at the Landlord's sole discretion, voluntarily or involuntarily assign, this Lease Agreement or any interest herein or sublet the Property or any part thereof.

The Tenant(s) is specifically prohibited from offering all or part of the Property for short-term rental such as through Airbnb, VRBO, or other such sites or programs. Any advertising or online postings, as well as actual rentals of the Property to vacation or short-term guests, shall constitute a material breach of this Lease Agreement.

Any person who is not a Tenant who occupies any portion of the Property, for any period of time whatsoever, for any compensation or consideration whatsoever (including, without limitation, the payment of money and/or trade and/or barter of other goods, services, or property occupancy rights) is NOT a guest, and such occupancy constitutes unauthorized subletting or assignment which is a substantial and material breach of this Lease Agreement.
16. NOTICES

Notice required by statute will be given in accordance with the applicable statute. All other notices shall be deemed sufficient if made as follows:

- All notices to the Landlord shall be directed by personal delivery or first-class mail to the Landlord at the appropriate address set forth below, until Tenant is notified, in writing, to the contrary.

- All notices to Tenant shall be directed by personal delivery or first-class mail to Tenant at the Leased Property or any forwarding address provided in writing by Tenant to the Landlord.
Landlord:
_________
_________
Tenant:
_________
_________, _________, Indiana _________

Such addresses may be changed from time to time by any party by providing notice as set forth above.
17. GOVERNING LAW

This Lease Agreement shall be governed, construed, and interpreted by the Laws of the State of Indiana.
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Agreement in the manner prescribed by law as of the Effective Date.
Landlord:

By: ___________________________________ Date: __________________
      _________
      _________
Tenant:

By: ___________________________________ Date: __________________
      _________
Indiana Lease Agreement
Inspection Checklist:
Address: _________, _________, Indiana _________

The Tenant(s) has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below:
SATISFACTORYCOMMENTS
Bathrooms  __________________________________
Carpeting  __________________________________
Ceilings  __________________________________
Closets  __________________________________
Countertops  __________________________________
Dishwasher  __________________________________
Disposal  __________________________________
Doors  __________________________________
Fireplace  __________________________________
Lights  __________________________________
Locks  __________________________________
Refrigerator  __________________________________
Screens  __________________________________
Stove  __________________________________
Walls  __________________________________
Windows  __________________________________
Window coverings  __________________________________
___________________________________________
___________________________________________



_____________________

Date

Tenant:

By: ___________________________________ Date: __________________
      _________
Acknowledged by Landlord:

By: ___________________________________ Date: __________________
      _________
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