Indiana Commercial Required Disclosures: Landlord Obligations

Indiana commercial property landlords face fewer mandatory disclosure requirements than their residential counterparts. However, several federal and state requirements still apply, and prudent disclosure practices can protect landlords from future liability.

Required Commercial Disclosures

Official Law Citation: The rules and regulations outlined on this page are strictly configured under general commercial contract law and Indiana broker disclosure laws.

Flood Zone Disclosure

Indiana Code Title 32 does not contain a general statutory mandate requiring commercial landlords to disclose flood plain status. However, prudent commercial landlords should proactively disclose flood risk as a matter of good practice and to avoid future liability claims based on common law fraud or misrepresentation. Such disclosure may include:

• Whether the property is in a FEMA Special Flood Hazard Area (SFHA)
• Any history of flood damage
• Whether flood insurance is required by the property's lender
• Cost implications for the tenant's business insurance

Environmental Disclosures

Known Contamination Commercial

landlords must disclose known environmental contamination, including:

• Soil contamination from previous industrial use
• Groundwater contamination affecting the property
• Underground storage tanks (USTs) - current or removed
• Hazardous materials stored or previously stored on the premises
• Brownfield designations under Indiana's Voluntary Remediation Program

Asbestos For commercial

buildings, particularly those built before 1980, landlords should disclose:

• The presence of asbestos-containing materials (ACMs)
• Location and condition of ACMs
• Any asbestos management plans in place
• Abatement history - any removal or encapsulation that has been performed

OSHA requires building owners to inform tenants of the presence and location of ACMs in commercial buildings.

Lead-Based Paint

While the federal lead paint disclosure rule (42 U.S.C. §4852d) primarily applies to residential properties, certain commercial properties with residential components (e.g., mixed-use buildings) may trigger disclosure requirements for those portions.

ADA Compliance

While not technically a "disclosure," Indiana commercial landlords should be aware of Americans with Disabilities Act (ADA) requirements:

• Commercial properties open to the public must be accessible
• Landlords and tenants share responsibility for ADA compliance
• The lease should clearly allocate ADA compliance obligations
• Tenants should be informed of any known accessibility deficiencies

Lease Allocation of ADA Responsibility

Zoning and Use Restrictions

While not always a formal disclosure requirement, landlords should inform commercial tenants of:

• Zoning classification and permitted uses
• Any conditional use permits or variances
• Historic preservation restrictions (if applicable)
• Parking requirements and limitations
• Signage restrictions from local ordinances or property covenants

Best Practices for Commercial Landlords

1. Disclose proactively - Transparency reduces future liability, even where not legally required
2. Obtain Phase I Environmental Site Assessments - Before leasing industrial or previously industrial properties
3. Include disclosure provisions in the lease - Document what was disclosed and when
4. Update disclosures - Notify tenants of any newly discovered conditions
5. Maintain records - Keep copies of all disclosures and tenant acknowledgments
6. Consult specialists - Environmental consultants, ADA specialists, and attorneys can identify disclosure obligations

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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