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Legal Information: Indiana

Indiana Housing Laws

Laws current as of
August 29, 2024

Who is protected by these housing laws?

Indiana’s housing laws protect victims of any of the following:

A victim must also have received one of the following court orders:

A person who meets these qualifications is known as a “protected individual.”2

1 IN ST § 32-31-9-3
2 IN ST § 32-31-9-7

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What protections do these housing laws offer victims?

If you are a tenant who is a victim or if one of your household members is a victim, Indiana’s housing laws provide the following protections:

  • You have the right to end (terminate) your lease early without having to pay a penalty if you follow the required steps.1
  • It is illegal for a landlord to discriminate against you by ending your lease, not renewing your lease, refusing to rent to you, or retaliate against you because you or your household member is a protected individual.2
  • It is illegal for a landlord to retaliate against you or refuse to rent to you because you or a member of your household terminated a prior lease based on the protections that these laws offer.​2
  • If you have a court order that restricts the abuser’s contact with you, you have to right to ask the landlord to change your locks. However, you might have to pay for it.3

The protections listed above cannot be given up (waived) by either the landlord or the tenant.4 For example, the landlord can’t make you sign a lease that says you cannot end your lease early, even if the landlord offers you lower rent or some other benefit in exchange.

1 IN ST § 32-31-9-12
2 IN ST § 32-31-9-8
3 IN ST §§ 32-31-9-9; 32-31-9-10; 32-31-9-11
4 IN ST § 32-31-9-1

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What documents or proof do I need to give to my landlord to get out of my lease if I am a victim?

To terminate your rental agreement under this law, you must give written notice to your landlord. The notice must:

  1. state a specific date that you want the lease to end (terminate);
  2. include a copy of either:
    • a civil order for protection ordering the abuser not to contact you; or
    • a criminal no contact order; and
  3. be given to your landlord at least 30 days before the termination date.1

In addition, if you are a victim of domestic violence or sexual assault, you must also give your landlord a copy of a safety plan which meets all of the following requirements:

  1. it must be dated within 30 days of the date that you gave your landlord the written notice;
  2. it must be written by an accredited domestic violence or sexual assault program; and
  3. it must recommend that you move.2

1 IN ST § 32-31-9-12(a), (b), (c)(1)
2 IN ST § 32-31-9-12(c)(2)

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Once I notify my landlord that I want to end my lease, do I still have to pay rent?

Under Indiana law, you are responsible for any rent and expenses due under your lease up until the date your lease is terminated. It must be paid on the normal date that your rent is due. If the termination date is not at the end of your normal rental period, the amount due for that month may be pro-rated.1 So, for example, let’s say on December 15th, you give notice that you will terminate your lease on January 15th. When you pay January’s rent on January 1st, you would only pay half of the monthly rent, not the full amount. 

Note: If you sign a lease and then give proper notice to terminate your lease under this law before you move in, you cannot be required to pay damages or penalties. However, you must terminate your lease at least 14 days before the date you were supposed to move in.1

1 IN ST § 32-31-9-12(d)

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What happens to my security deposit?

If you terminate your lease under this law, you are entitled to get back whatever security deposits or other refunds that you would have been entitled to if the lease had ended under normal terms.1

1 IN ST § 32-31-9-12(e)

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If I end my lease, what will happen with my roommate or family members who live with me?

Any adult who is listed as a tenant on the lease will still have to follow the lease even if you are allowed to get out of it. This means s/he has the right to continue living in the rental unit but will now have to pay the full monthly rent. It doesn’t matter if, for example, you were each paying half of the rent. The remaining tenant can’t just pay only half the rent, unless the landlord specifically agrees to that.

The landlord will not have to return other tenants’ security deposits until 45 days after all remaining tenants have moved out.1 

1 IN ST § 32-31-9-13

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When can I ask my landlord to change my locks?

You can get your landlord to change the locks to your rental unit if you are a protected individual under Indiana law and you do both of the following things:

  1. make a request in writing to your landlord that your locks be changed; and
  2. give the landlord a copy of either a civil order for protection ordering the abuser not to contact you or a criminal no contact order.1

If the abuser does not live in your rental unit, the landlord has 48 hours to change your locks and give you a new key.2 

If the abuser does live in your rental unit, the landlord has 24 hours to change your locks and give you a new key. The landlord cannot give the abuser access to your rental unit unless your court order specifically allows the abuser to get his/her personal property. Also, removing the abuser from the residence does not change the terms of the lease. If the abuser is listed as a tenant on the lease, s/he would still legally be responsible for rent and for damages to the unit.3

If the landlord changes the locks, you are responsible for the actual costs of installing the new lock, and the landlord may keep a key.

If the landlord does not change the locks within the required time period as explained above, you may change the locks yourself. Be sure to get receipts for the locks and the cost of installation since the landlord must pay you back the actual amount you spent. You must give your landlord a new key within 24 hours of the time you change the locks.4

1 IN ST §§ 32-31-9-9; 32-31-9-10
2 IN ST § 32-31-9-9
3 IN ST § 32-31-9-10
4 IN ST § 32-31-9-11

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