Indiana law draws a firm line when it comes to protecting tenants’ rights. Whether you’re renting your first apartment or managing a rental property, understanding where those legal boundaries lie is key. The landlord-tenant relationship is governed by clear rules that aim to ensure habitable rental units, fair processes, and respectful communication.
From handling repair requests to navigating lease violations, there are certain things Indiana landlords simply cannot do—and crossing that line can trigger serious consequences under Indiana landlord tenant law.
This guide breaks down the key rules every tenant and landlord should know. You’ll get practical insights, examples, and clarity on what’s off-limits—so you can protect tenant rights and maintain a positive landlord tenant relationship.
Let’s uncover what’s not allowed—and why it matters for both sides of the lease.
Contents
- 1 What a Landlord Cannot Do in Indiana?
- 1.1 1. A Landlord Cannot Evict an Active-Duty Service Member
- 1.2 2. A Landlord Cannot Discriminate—Fair Housing Laws Apply
- 1.3 3. A Landlord Should Not Engage in Illegal Eviction Practices
- 1.4 4. A Landlord Cannot Enter the Rental Property Without Proper Notice
- 1.5 5. A Landlord Must Provide a Habitable Living Environment
- 1.6 6. A Landlord Cannot Ignore Repair Requests or Delay Maintenance
- 1.7 7. A Landlord Must Not Retaliate Against Tenants
- 1.8 8. A Landlord Must Handle Security Deposits Properly
- 1.9 9. A Landlord Cannot Change Lease Terms Without Proper Process
- 2 Conclusion
- 3 FAQs
What a Landlord Cannot Do in Indiana?
Indiana is often viewed as a landlord-friendly state, especially when it comes to property management, eviction procedures, and how security deposits are handled. However, that doesn’t mean landlords have unlimited control over rental units or tenants.
Under Indiana landlord tenant law, there are clear boundaries in place to protect tenants and ensure rental relationships remain fair and respectful.
The core of Indiana landlord tenant law lies in creating fair, habitable rental arrangements that support a positive landlord tenant relationship. From how repairs are handled to how notices are issued, there are specific legal expectations that apply to landlords across the state.
Violating these expectations—whether through neglect, intrusion, or unfair treatment—can lead to real consequences.
Indiana landlords are held accountable under both state and federal landlord tenant laws, and ignoring those obligations can strain more than just a lease agreement.
1. A Landlord Cannot Evict an Active-Duty Service Member
Imagine signing a lease, then getting unexpected deployment orders—your life changes overnight, but your rental situation shouldn’t become a legal nightmare.
That’s exactly why federal protections like the Servicemembers Civil Relief Act (SCRA) exist.
Under this law, landlords in Indiana—and across the U.S.—cannot evict active-duty service members or their qualified dependents from a rental unit without first obtaining a court order.
This applies regardless of branch, including the Army, Navy, Air Force, Marines, Coast Guard, and certain federal service members such as commissioned officers of the Public Health Service or NOAA.
If military service impacts a tenant’s ability to pay rent, the court may delay the eviction process for a minimum of 90 days. This pause allows service members to focus on duty without the added pressure of immediate housing instability.
In some cases, service members may also be eligible to terminate their rental agreement early—particularly when receiving PCS orders or deployment notices. These protections reinforce the principle that those serving the country shouldn’t have to fight battles at home just to keep their rental property.
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2. A Landlord Cannot Discriminate—Fair Housing Laws Apply
Let’s say two people apply for the same rental unit—same income, similar background—but only one gets a callback. If the decision was based on race, religion, or family status, that’s not just unfair—it’s illegal.
Federal fair housing rules, along with Indiana landlord tenant law, make it unlawful for landlords to discriminate against tenants or applicants based on protected characteristics.
These factors include an individual’s race, ethnicity, religion, gender, national background, any disabilities, and whether they have children or family responsibilities.
Discrimination isn’t always obvious.
It can show up in the form of a landlord refusing to rent to a family with children, charging higher rent to someone with a disability, or even making harassing comments toward a tenant of a different background. All of these actions violate federal landlord tenant laws and can trigger legal consequences.
In addition, landlords in Indiana must allow reasonable accommodations for tenants with disabilities.
For example, a tenant who uses a wheelchair might need to install a ramp or grab bars in the bathroom. While tenants may need to cover the cost of such modifications, landlords cannot block them if they’re necessary for safe and equal access to the rental premises.
3. A Landlord Should Not Engage in Illegal Eviction Practices
Tension between landlords and tenants can arise, but even in difficult situations, the law doesn’t allow landlords to take matters into their own hands. In Indiana, all evictions must follow a legal process—and anything outside of that is considered unlawful.
Illegal or “self-help” evictions include actions like changing the locks without notice, shutting off utilities such as water or electricity, removing doors, or denying tenants access to the rental premises without a valid court order.
Some landlords may attempt to pressure tenants to leave by creating hostile living conditions, but this form of harassment can backfire legally.
The law is clear: evictions must go through the court system.
Landlords are required to give proper notice, cite a valid reason—such as nonpayment or lease violations—and obtain approval from a judge before proceeding. Skipping this process isn’t just a technicality; it’s a violation of Indiana landlord tenant law.
If a tenant is wrongfully removed from a rented property, they may be entitled to regain access and even seek compensation through legal action. Landlords who violate these protections may face lawsuits, financial penalties, and long-term damage to their credibility.
Respecting legal boundaries is essential to maintaining a positive landlord tenant relationship—and avoiding costly legal consequences.
4. A Landlord Cannot Enter the Rental Property Without Proper Notice
Living in a rented property doesn’t mean giving up your right to privacy. While Indiana landlords have legitimate reasons to access a rental unit, they can’t do so without following clear rules. State law protects tenants from surprise visits that could disrupt daily life or feel intrusive.
Unless there’s an emergency—like a fire or major water leak—a landlord must provide reasonable notice before entering the unit. This notice can be written or oral, but it must give the tenant enough time to prepare.
What counts as “reasonable” may vary, but entering without any warning, especially during odd hours, can be seen as harassment or a violation of tenant rights.
Valid reasons for entry include routine inspections, addressing repair requests, showing the unit to prospective tenants or buyers, or providing a reasonable supply of necessary services like pest control or maintenance.
In each of these cases, notice is not optional—it’s a legal obligation.
Even with a valid reason, entry must happen in a reasonable manner—meaning during normal hours and with respect for the tenant’s schedule and privacy.
Violating this standard could damage trust and disrupt the landlord tenant relationship, which is critical for long-term tenant satisfaction.
5. A Landlord Must Provide a Habitable Living Environment
No tenant should have to choose between staying warm in winter and staying safe. That’s why Indiana state law enforces the implied warranty of habitability—a legal requirement that every rental property must meet basic standards of safety and livability.
When a landlord hands over the keys to a rental unit, they’re not just renting out space—they’re committing to maintain a home that’s structurally sound, weather-resistant, and compliant with both health and fire codes. This includes keeping the roof intact, plumbing functional, and electrical systems safe.
The law also requires essentials like working smoke detectors, heating systems, reliable hot and cold water, and secure exits.
These aren’t amenities—they’re minimum legal standards. Landlords in Indiana must also ensure their properties meet all applicable local housing codes, and if violations are discovered, they’re expected to make corrections without delay.
When a landlord fails to uphold these responsibilities, it’s more than just an inconvenience. Tenants may be exposed to safety hazards, and the landlord could face legal action, financial penalties, or liability for any resulting damages or injuries.
In short, providing a habitable rental unit isn’t optional—it’s one of the core duties of property owners and property managers in Indiana, and it’s critical to maintaining both tenant trust and legal compliance.
6. A Landlord Cannot Ignore Repair Requests or Delay Maintenance
Leaky ceilings, faulty wiring, or broken heating in the middle of winter—when these problems arise, time matters. And under Indiana state law, so does accountability.
Landlords are not allowed to drag their feet when a repair affects the habitability of a rental unit.
Tenants in Indiana have the right to live in safe, functional housing. Once a landlord receives a repair request related to health, safety, or basic living conditions, they’re legally required to address the issue within a reasonable amount of time.
This includes problems with electrical systems, plumbing, heating, or anything else that threatens the implied warranty of habitability.
Delaying maintenance, especially for critical issues, can violate landlord responsibilities and put tenant safety at risk. That’s why Indiana tenants are encouraged to document all repair requests clearly and follow up in writing if no action is taken.
If a landlord fails to respond or makes only temporary fixes, tenants may be entitled to pursue legal remedies, including compensation for damages or seeking a court order requiring the landlord to make necessary repairs.
In some cases, ignoring maintenance may also impact the landlord’s ability to collect rent, especially if the rental property is no longer considered habitable under Indiana landlord tenant law.
7. A Landlord Must Not Retaliate Against Tenants
Standing up for your rights shouldn’t come with a price—and in Indiana, the law makes sure it doesn’t. Landlords in Indiana are strictly prohibited from retaliating against tenants who exercise their legal protections.
Retaliation can take many forms: issuing a sudden eviction notice, trying to raise rent without cause, refusing to renew a lease agreement, or even cutting off basic services—all because a tenant filed a complaint, requested a repair, or contacted a local housing authority.
These acts are not just unethical—they’re unlawful.
Indiana tenants are legally protected when they report housing code violations, request maintenance that affects habitability, join a tenant association, or assert any right provided under Indiana landlord tenant law.
The law is designed to protect tenants from being punished for holding their landlords accountable.
If a landlord takes retaliatory action, tenants may pursue legal action, potentially recovering damages, court costs, and attorney fees. Such violations reflect poorly on property management practices and can seriously undermine a harmonious landlord tenant relationship.
8. A Landlord Must Handle Security Deposits Properly
Security deposits often become a source of tension at the end of a lease—but Indiana law doesn’t leave room for guesswork. There are clear rules about how landlords in Indiana must manage and return a tenant’s security deposit, and failing to follow them can lead to costly legal consequences.
While Indiana law does not place a limit on how much a landlord can charge for a deposit, what they can do with it is closely regulated.
After a tenant moves out, the landlord has 45 days to return the deposit, minus any lawful deductions. These deductions are limited to unpaid rent, damages that exceed normal wear and tear, or breaches of the rental agreement—not everyday use.
For example, faded paint, worn carpets, or minor scuffs are all considered part of wear and tear. These are not valid reasons to withhold funds. Yet some property owners may overreach, wrongly deducting for basic cleaning or minor touch-ups that come with regular use of a rental unit.
Indiana law requires landlords to provide an itemized statement explaining any deductions.
If a landlord fails to return the deposit or provide this breakdown within the required time, tenants may have the right to recover the full amount—plus court costs and attorney’s fees.
9. A Landlord Cannot Change Lease Terms Without Proper Process
Once a lease is signed, it’s not just a handshake—it’s a contract. And in Indiana, that agreement holds weight.
Whether it’s a 12-month lease or a month-to-month arrangement, landlords can’t decide halfway through to rewrite the rules on their own.
During an active lease, the terms—such as rent, fees, or occupancy rules—cannot be changed unless both landlord and tenant agree in writing. Making unilateral changes without consent isn’t just unfair; it’s a direct violation of Indiana landlord tenant law and could lead to legal action.
For month-to-month tenants, landlords do have more flexibility, but they’re still required to provide at least 30 days’ written notice before adjusting the rent or other terms.
Anything less is considered improper and can be legally challenged.
Tenants are not obligated to accept unauthorized changes, and landlords who try to enforce them risk breaching the rental agreement.
Following the correct process protects both parties and supports a positive landlord tenant relationship built on transparency and respect.
Conclusion
Renting a home shouldn’t mean giving up your rights. Indiana landlord tenant laws are designed to create a fair and respectful balance between landlords and tenants—ensuring that rental units are safe, agreements are honored, and legal protections are enforced. From proper eviction procedures to timely repairs and privacy rights, tenants in Indiana have more power than they might realize.
If you’re a tenant, knowing where you stand legally is your first line of defense. Keep records of conversations, submit repair requests in writing, and don’t hesitate to seek legal advice if something feels off. The more you know, the more you can protect yourself and help maintain a harmonious landlord tenant relationship.
And if you’re a landlord, property manager, or attorney working with active-duty service members, ensuring legal compliance isn’t just good practice—it’s a requirement under federal law. At SCRACVS, we help verify military status so that you stay in step with the Servicemembers Civil Relief Act (SCRA) and avoid costly violations.
Need to confirm a tenant’s military status? SCRACVS can help you verify quickly and reliably.
Need Military Verification Without an SSN?
FAQs
Can my landlord refuse to renew my lease?
Yes, under Indiana landlord tenant law, a landlord can choose not to renew a lease agreement once it expires—without providing a reason—as long as the decision is not discriminatory or retaliatory. Landlords must still follow proper advance notice requirements, especially for month-to-month rental agreements. However, if the refusal is based on a tenant asserting legal rights—such as requesting repairs or reporting housing code violations—it may violate fair housing rules or anti-retaliation protections under Indiana state law.
Can you put rent in escrow in Indiana?
Indiana does not have a formal rent escrow law like some other states. That means tenants in Indiana cannot legally withhold or redirect rent payments to an escrow account unless ordered by a court. If a rental property becomes uninhabitable and the landlord fails to make timely repairs after written notice, the tenant’s best option is to file a complaint or seek a court order. Documenting the issue and following proper legal channels is key to protecting your rights under Indiana landlord tenant statutes.
Can a landlord charge you more than your deposit after you move out?
Yes, Indiana landlords can seek additional payment beyond the tenant’s security deposit if damages or lease violations exceed the amount held. However, deductions must be limited to legitimate costs like unpaid rent or damages beyond normal wear and tear. Property owners are required to provide an itemized statement of any deductions within 45 days. If a tenant disagrees or feels the charges are unfair, they may challenge them in court. Tenants should document the condition of the rental unit upon move-out to avoid disputes.
Can a landlord break a rent-to-own contract?
A rent-to-own agreement is a legally binding contract under Indiana law, and a landlord cannot break it without cause. If a tenant is meeting all tenant responsibilities—like paying rent and maintaining the rental premises—the landlord must follow the terms outlined in the agreement. Attempting to cancel or alter the contract without a proper reason or legal notice could be seen as a breach and may subject the landlord to legal action. Tenants should review their contract closely and seek legal advice if they believe their rights have been violated.