Indiana Month-to-Month Lease Agreement

Month-To-Month Leases in Indiana

A month-to-month lease in Indiana is a legally binding contract that outlines the terms and conditions of the agreement. It’s a standardized document that clarifies each party’s roles and responsibilities. Unlike a fixed-term agreement, their month-to-month counterparts automatically renew each month until either party terminates it.

Legal Aspects

Indiana is primarily considered a landlord-friendly state when it comes to lease agreements. Landlords in the state have more liberty when entering the property. There are also fewer restrictions on rental or deposit amounts. Additionally, the state also has a zero-tolerance policy on late rent payments.

Lease Termination & Renewal

• Month-to-month leases in Indiana automatically renew each month. As such, there’s no renewal process that tenants need to follow. To legally terminate a month-to-month agreement, either party must provide the other with written notice.

• The notice period to terminate a month-to-month agreement is three (3) months.

• If the tenant breaches any of the terms in the agreement, the landlord can post a 10-day notice to cure or quit.

• Non-payment of rent can also receive the same 10-day notice to pay or quit.

• If the tenant is involved in criminal activity, the landlord can evict the tenant immediately.

Rent Increases

• Landlords can charge any amount for rent they feel is fair due to the lack of rent-control laws.

• Additionally, landlords are allowed to raise the rent at any time for month-to-month leases.

• Raising the rent requires a 30-day notice and can be grown as much as the landlord feels is fair.

Security Deposit

• There are no minimum or maximum security deposit regulations in Indiana. As such, landlords can charge what they feel is fair for their property.

• Security deposits also don’t have to be placed in an interest-bearing account, and there are no rules against commingle deposits with other funds.

• The security deposit must be returned to the tenant, less any damages, within 45 days of them vacating the property.

• If the security deposit is used to cover any damages beyond normal wear and tear, the landlord must provide the tenant with an itemized list of the expenses.

Tenant Rights

• Tenants have the right to live in a safe, habitable property.

• Tenants have the right to have repairs made in a timely manner.

• Tenants have the right to receive written notice in the case of termination or eviction.

Required Disclosures

Along with the above legal aspects, certain disclosures need to appear on an Indiana month-to-month lease agreement. These disclosures are:

• Lead-based paint disclosure

• Details of authorized authorities

• Flooding disclosure