Indiana Required Landlord Disclosures: Complete Compliance Checklist

With a legal framework established since statehood on December 11, 1816, and modernized under the recodified Indiana Code (effective 1 July 2002), landlords are required to make several important disclosures to tenants before or at the beginning of a tenancy. Failure to provide these disclosures can result in legal liability and may affect a landlord's ability to enforce lease terms.

Required Disclosures Summary

Official Law Citation: The rules and regulations outlined on this page are strictly configured under the official Indiana Code Title 32, Article 31 and IC 22-11-18Preview unavailable.

Lead-Based Paint Disclosure

For any residential property built before 1978, federal law (42 U.S.C. §4852d) requires landlords to:

• Disclose any known lead-based paint or lead-based paint hazards
• Provide tenants with the EPA pamphlet "Protect Your Family from Lead in Your Home"
• Include a lead warning statement in the lease
• Allow tenants a 10-day period (unless mutually agreed otherwise) to conduct a risk assessment or inspection for lead-based paint hazards
• Retain signed acknowledgments for at least 3 years

Penalties for Non-Disclosure

Failure to comply with federal lead paint disclosure requirements can result in:

• Fines of up to $23,163 per violation (EPA-adjusted as of early 2024)
• Triple damages in private lawsuits
• Criminal penalties for willful violations

Landlord/Agent Identity Disclosure

At or before the commencement of a rental agreement, Indiana law (IC § 32-31-3-18) requires landlords to disclose and furnish to the tenant in writing the names and addresses of:

• A person residing in Indiana who is authorized to manage the dwelling unit
• A person residing in Indiana who is reasonably accessible to the tenant and who is authorized to act as agent for the owner for purposes of service of process and receiving and receipting for notices and demands

Smoke Detector Acknowledgment

Under Indiana Code § 22-11-18-3.5 and § 32-31-5-7, landlords are required to:

• Install and maintain at least one functional smoke detector in each dwelling unit, installed according to manufacturer's instructions, outside each sleeping area, and on each additional story
• Provide written notice at the start of each tenancy confirming that the unit has working smoke detectors
• Obtain the tenant's signed acknowledgment of this notice

After move-in, the occupant is responsible for maintaining and testing the smoke detector at least once every six months. If battery-operated, the tenant must replace batteries as needed. The landlord is responsible for replacement and repair within seven working days after receiving written notification of the need.

Flood Zone Disclosure

For rental agreements entered into or renewed after June 30, 2009, if the lowest floor of a structure, including a basement, is at or below the one hundred (100) year frequency flood elevation (as determined by the DNR, FEMA's Flood Insurance Rate Maps, or FEMA-approved local maps), the landlord must clearly disclose in the rental agreement that the structure is located in a flood plain (IC § 32-31-1-21).

Bed Bug History

Under Indiana Code § 32-31-12 (effective July 1, 2023), specific mandates exist for bed bug management:

• Tenant Notification: A tenant must notify the landlord if they know or reasonably suspect the presence of bed bugs.
• Landlord Inspection: Upon notice, the landlord must have the unit inspected by a qualified inspector.
• Written Results: The landlord must provide the tenant with written notice indicating whether bed bugs were found.
• Remediation: If present, the landlord must begin reasonable measures to treat the infestation.
• Prohibition: Landlords are prohibited from renting units they know contain bed bugs and must disclose recent bed bug history if requested.

Landlords are generally responsible for inspection and treatment costs unless tenant noncompliance is proven.

Mold Disclosure

Indiana does not have a specific statute requiring landlords to disclose the presence of mold to prospective tenants. However, landlords are generally responsible under the implied warranty of habitability (Indiana Code § 32-31-8-5) to provide a safe, clean, and habitable condition, which includes addressing significant mold growth.

Utility Arrangements

For landlords distributing water or sewage disposal service from a public or municipally owned utility to one or more dwelling units (IC § 8-1-2-1.2), the landlord must include a disclosure in the lease, the tenant's first bill, or a separate signed writing. This must include:

1. A description of the water or sewage disposal services to be provided.
2. An itemized statement of the fees that will be charged.
3. The following mandatory statement: "If you believe you are being charged in violation of this disclosure or if you believe you are being billed in excess of the utility services provided to you as described in this disclosure, you have a right under Indiana law to file a complaint with the Indiana Utility Regulatory Commission. You may contact the Commission at (insert phone number for the Commission)."

Best Practices for Compliance

1. Create a disclosure packet - Compile all required disclosures into a single document provided at lease signing
2. Get signed acknowledgments - Have tenants sign confirming receipt of each disclosure
3. Keep records for at least 3 years - Federal lead paint rules require 3-year retention; longer is better
4. Update disclosures regularly - Review and update your disclosure packet when laws change
5. Disclose proactively - When in doubt, disclose. Transparency reduces liability
6. Use standardized forms - Indiana Association of REALTORS® provides approved disclosure forms

How Landager Helps

Landager continually tracks lease terms, required compliance items, and strict accounting records - making it easy to stay compliant with Indiana regulations.

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