Lease Agreement requirements in Indiana
- Witness or notary: Indiana lease agreements must be signed by the landlord and tenant, but a witness or notary is only required if the lease term is more than 3 years.
- Disclosures: Landlords must disclose the presence of lead-based paint (for pre-1978 housing) and provide a move-in checklist for security deposit deductions.
- Security deposit: Indiana limits the maximum security deposit to two months' rent (unless the landlord is a military member or veteran, then no limit applies).
- Payment terms: The lease must specify rent amount, due date, and late fees (limit: 10% of rent or $10, whichever is greater for late payment).
- Term and renewal: Clearly state the lease start/end dates, renewal options, and termination notice requirements (typically 30-60 days for month-to-month).
- Filing: Lease agreements generally do not need to be filed with a state or local agency, but a notarized copy can be used for recordation if desired.
How to create a Lease Agreement in Indiana
- Gather information: Collect the property address, landlord and tenant contact info, rent amount, deposit, start and end dates, and any specific rules.
- Choose a lease type: Decide between a fixed-term lease (e.g., 12 months) or a month-to-month rental agreement, each with different notice requirements.
- Draft the lease: Use a reputable template or hire a lawyer. Include all key terms, disclosures, and Indiana-specific clauses (e.g., late fee limits).
- Review and negotiate: Both parties should read every clause. Clarify who pays utilities, maintenance responsibilities, and any shared areas.
- Sign and notarize: Have both parties sign. If the lease is over 3 years, get a witness or notarize it. Keep copies for both parties.
- Conduct move-in inspection: Complete a checklist with photos to document condition. This protects the security deposit and reduces disputes.
What a Lease Agreement typically costs
The cost to create an Indiana lease agreement varies. You can download a basic template for $0-$50 online, hire a lawyer for $200-$500, or use legal services for $50-$150. If you notarize, expect a fee around $5-$10 per signature. There is no state filing fee.
Ready to draft your Indiana lease agreement? Start with our free template or consult a local attorney to ensure compliance.
Create your lease agreementBefore You Begin: Indiana Lease Checklist
Prepare these essentials before writing your Indiana lease to avoid common mistakes and ensure compliance with state rules.
- Confirm the property is habitable and complies with Indiana's implied warranty of habitability (safe, clean, and fit for living).
- Have the tenant's full legal name, current address, and contact info, plus verify their identity.
- Decide on lease terms: start/end dates, rent amount, due date, late fee, and security deposit (limits apply to any pet deposit).
- Collect the tenant's income/employment proof and a rental history for screening, but follow fair housing laws.
- In Indiana, a notary is not required for a residential lease, but if you want an affidavit of service for evictions, have the tenant acknowledge lease terms in writing.
- Include all required disclosures: lead paint (for pre-1978 homes), carbon monoxide detector notice, and identify the property manager with an address for legal notices.
- Double-check that your lease does not include prohibited clauses such as self-help eviction or waiving the tenant's right to a jury trial.
- Have the lease printed or ready for electronic signature. Indiana allows e-signatures. Keep a signed copy for your records.
Frequently asked questions
Does an Indiana lease agreement need to be notarized?
No, unless the lease term is more than 3 years. For typical 12-month leases, signatures are sufficient, but a notary is recommended for extra legal weight.
What is the maximum security deposit in Indiana?
Indiana law caps the security deposit at two months' rent, except when the landlord is an active military member or veteran, in which case there is no statutory limit.
Can a landlord charge late fees for rent?
Yes, but the late fee cannot exceed 10% of the rent amount or $10, whichever is greater. The lease must specify the fee and grace period.
Are there required disclosures for an Indiana lease?
Landlords must disclose any known lead-based paint hazards (for units built before 1978) and provide a written move-in condition checklist. Other disclosures may apply in certain localities.