Unlike other states, Indiana does not have any rent control laws. While this means that a landlord can technically raise rent in Indiana by any amount, there are some restrictions about notice and lease terms that protect tenants.
A rent increase is never good news. If you’ve recently received a notice from your landlord—or if you’re trying to budget for the future—you’re probably wondering how to afford the extra expense. You might be wondering if it’s even legal!
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How much can a landlord raise rent in Indiana?
There is no legal limit to how much your landlord can raise your rent in Indiana.
Without rent control laws, a landlord can legally raise rent by any amount they choose (so long as they provide proper notice). It sounds scary, but it’s worth remembering that an exorbitant rent hike is pretty unlikely to occur for two major reasons.
Firstly, a landlord can only charge as high as the rental market will accommodate. Secondly, it’s in the landlord’s best interest to keep good tenants in the unit. An apartment or house turnover can be costly and time-consuming.
Proper notice is the key to a legal rent increase in Indiana. The landlord can only raise the rent at the end of your lease term in a fixed-term lease. With a periodic lease (e.g. month-to-month), you must be given 30 days’ notice for rent increases.
How much notice does a landlord need to give before they raise the rent?
Indiana law requires landlords to give written notice to tenants of any rental increase. This typically takes the form of a physical letter delivered to you. Legally, the notice should include the following essential information:
How much the rent will increase by
When the increase takes effect
How tenants can submit rental payments
Let’s say you have a fixed-term lease. You’ve been in your apartment for three years and your lease renewal is next week. A landlord can legally surprise you with a rent hike of any amount with minimal notice on a fixed-term lease. Of course, there may be limiting language in your specific lease, so read your lease documents carefully.
If you have a month-to-month lease, your landlord must provide you with 30 days’ notice before increasing your rent in Indiana.
When is it illegal to raise rent in Indiana?
Indiana landlords can raise your rent by any amount with sufficient notice provided in everyday situations. However, sometimes a rent increase is illegal. Here are two circumstances in which a rent increase might be unlawful in Indiana:
As retaliation for tenants exercising their rights (e.g. reporting a safety issue)
As discrimination based on race, color, national origin, sex, disability, familial status, or religion as protected by the Federal Fair Housing Act
If you’re facing a situation where retaliation or discrimination may be a factor in a rent increase, you should seek legal help. You could file a legal case against your landlord.
How to respond to a rent increase
The first way to respond to a rent increase is to tighten your belt, pay the increased fee, and stay put. However, most renters will want to find a different way to respond. Here are a few ideas:
If you believe your landlord raised the rent as a form of retaliation or discrimination, hire legal representation and consider suing.
If you think your landlord violated the terms of the lease by not giving sufficient notice, file a lawsuit.
If you cannot pay the higher rent but want to stay in the apartment, see if your landlord is open to negotiation (especially if you’ve been a great tenant).
If the COVID-19 pandemic has affected your ability to pay a higher rate, check with check with your local emergency rental assistance program (ERAP)
for resources.
How to save money to deal with a rent hike
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