Indiana Apartment Lease Agreement

Legal Aspects 

Indiana laws only require a written lease for agreements lasting over three (3) years. However, it’s always best to have a written contract, as it protects both parties better. That lease should include the following terms and conditions.

Security Deposit

• There are no laws limiting security deposits to a specific amount. For this reason, the lessor can charge any amount they deem reasonable.
• The lessor must state the security deposit amount in the contract. They should also notify the lessee where they hold it and what payment methods they can use to make the deposit.
• Lessors have 45 days to return the security deposit once the contract terminates. This period remains the same for fixed-term or month-to-month apartment leases.

Entry and Access 

• Landlords can enter the premises if they provide a written notice to lessees within a reasonable timeframe. 
• The entry must be for official purposes, like inspections or repairs, and the landlords require the tenant’s permission to enter.
• Tenants can’t unreasonably deny the landlord entry, but the entry must be within reasonable times, like during business hours.
• Lessors can only enter the premises without notice if an emergency threatens the occupants or the property.
• The only times a lessor can enter the property without the tenant’s permission in the case of a non-emergency is with a court order or if the lessee abandons/surrenders the property.

Pets Policy 

• The pet policy is generally up to the landlord’s discretion.
• There can be exceptions, like when a landlord owns a single apartment in the complex. In that case, the complex’s overall rules will likely precede the owner’s policy if it prohibits pets.
• Should the pets policy allow pets on the premises, the landlord can set any restrictions, like what type of pets can be kept.
• Pet-friendly properties can charge an additional amount for the presence of pets on the premises.
• The one exception is service animals. The Federal Fair Housings Act states that lessors must make reasonable accommodations for people with disabilities who require a service animal.

Disclosures 

Indiana has a few legal disclosures that you must add. Otherwise, the agreement becomes invalid in the eyes of the law.

• Lead-Based Paint Disclosure: Properties with buildings built before or in 1978 might have used lead-based paint. Should this be the case, lessors should notify lessees and state the dangers.
• Disclosures of Managers and Agents: Landlords must inform the tenant about the property’s managing agent, their name, and address.
• Methamphetamine contamination disclosure: The landlord must state whether they’re aware of any meth manufacturing, storage, or other contamination that happened on the property.
• Mold Disclosure: This disclosure is optional, but it’s recommended to add it to inform the tenant about any mold issues on the property, as well as provide information on preventative measures that can be taken.