RESIDENTIAL LEASE AGREEMENT

(State of Indiana)

[// GUIDANCE: This template is drafted for use by Indiana‐licensed attorneys. All bracketed items must be customized for each transaction. Remove all guidance comments before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title and Parties

This Residential Lease Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

(a) [LANDLORD LEGAL NAME], a [TYPE OF ENTITY / INDIVIDUAL] having an address at [LANDLORD ADDRESS] (“Landlord”); and

(b) [TENANT LEGAL NAME], a [TYPE OF ENTITY / INDIVIDUAL] having an address at [TENANT ADDRESS] (“Tenant”).

Landlord and Tenant are sometimes referred to individually as a “Party” and collectively as the “Parties.”

1.2 Recitals

A. Landlord is the fee simple owner of the residential real property commonly known as [STREET ADDRESS, CITY, IN ZIP] (the “Premises”).
B. Tenant desires to lease the Premises from Landlord upon the terms and conditions set forth herein, and Landlord desires to lease the Premises to Tenant for residential purposes only.
C. The Parties intend for this Agreement to be governed by and construed in accordance with Indiana landlord–tenant law and applicable federal statutes.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below. Defined terms include the singular and plural forms and any grammatical variations thereof.

2.1 “Applicable Law” means all federal, state, and local statutes, ordinances, regulations, and case law governing residential tenancies in Indiana, including, without limitation, Ind. Code Title 32, Art. 31.

2.2 “Base Rent” means the monthly rent amount specified in Section 3.3.

2.3 “Common Areas” means all areas outside the Premises that are intended for the common use of tenants of the building or complex in which the Premises are located.

2.4 “Lease Term” has the meaning assigned in Section 3.2.

2.5 “Permitted Occupants” means only those individuals listed in Section 3.5.

2.6 “Security Deposit” means the sum described in Section 3.4, held and maintained in accordance with Ind. Code § 32-31-3.

2.7 “Utilities” means the utility services described in Section 3.10.

[// GUIDANCE: Add additional defined terms as needed for pets, parking, storage, etc.]

3. OPERATIVE PROVISIONS

3.1 Grant of Lease

Landlord hereby leases to Tenant, and Tenant hereby takes from Landlord, the Premises for residential purposes only, subject to the terms and conditions of this Agreement.

3.2 Lease Term

(a) Commencement Date: [COMMENCEMENT DATE]
(b) Expiration Date: [EXPIRATION DATE]
(c) Renewal: [AUTOMATIC / MUTUAL WRITTEN AGREEMENT / NONE]

3.3 Base Rent; Payment Mechanics

(a) Base Rent: $[AMOUNT] per month, payable in advance on or before the first (1st) day of each calendar month.
(b) Payment Method: [CHECK / ACH / ONLINE PORTAL].
(c) Late Charge: If any Base Rent is not received by the fifth (5th) calendar day after due, Tenant shall pay a late fee of $[AMOUNT] plus interest on the overdue amount at [RATE]% per annum, or the maximum rate permitted by Applicable Law, whichever is less.
(d) Returned Payment Fee: $[AMOUNT] per returned payment.

3.4 Security Deposit

(a) Amount: $[AMOUNT], payable upon execution of this Agreement.
(b) Holding & Segregation: Security Deposit shall be held in accordance with Ind. Code § 32-31-3.
(c) Permitted Uses: Landlord may apply the Security Deposit to (i) unpaid rent, (ii) repair of damages beyond ordinary wear and tear, and (iii) other amounts permitted by Applicable Law.
(d) Accounting & Return: Within forty-five (45) days after Tenant surrenders possession and provides a forwarding address, Landlord shall mail an itemized statement of deductions and any remaining balance to Tenant as required by Ind. Code § 32-31-3-12.

3.5 Permitted Occupants

Only the following individuals may reside in the Premises: [LIST NAMES]. Occupancy by any other person for more than [NUMBER] consecutive days or [NUMBER] days in any calendar year requires Landlord’s prior written consent.

3.6 Use of Premises

(a) Residential Use Only: Premises shall be used solely as a private residence.
(b) Prohibited Activities: No illegal, hazardous, or commercial activities.
(c) Compliance: Tenant shall comply with all Applicable Law and community rules attached hereto as Exhibit A.

3.7 Maintenance and Repairs

(a) Landlord Obligations: Landlord shall deliver and maintain the Premises in a safe, sanitary, and habitable condition, consistent with Ind. Code § 32-31-8-5.
(b) Tenant Obligations: Tenant shall (i) keep the Premises clean; (ii) dispose of trash properly; (iii) promptly notify Landlord of needed repairs; and (iv) be responsible for damages caused by the negligence or willful acts of Tenant or Permitted Occupants.

[// GUIDANCE: Insert optional pest control, smoke detector, and carbon-monoxide detector clauses.]

3.8 Alterations

Tenant shall not make any alterations, improvements, or additions to the Premises without Landlord’s prior written consent. All approved alterations shall become Landlord’s property upon installation unless otherwise agreed in writing.

3.9 Entry by Landlord

Landlord may enter the Premises upon reasonable advance notice of at least twenty-four (24) hours, or immediately in the event of an emergency, for inspections, repairs, or to show the Premises to prospective purchasers, lenders, or tenants, all in accordance with Applicable Law.

3.10 Utilities

(a) Tenant-Paid Utilities: [LIST].
(b) Landlord-Paid Utilities: [LIST].
(c) Allocation Method: [SUB-METER / RATIO UTILITY BILLING / INCLUDED].

3.11 Insurance

Tenant shall obtain and maintain renters’ insurance with personal liability limits of not less than $[AMOUNT] per occurrence, naming Landlord as an additional insured or interested party.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations
Each Party represents and warrants that:
(a) It has full authority to enter into and perform this Agreement;
(b) Its execution of this Agreement does not violate any other agreement or legal obligation to which it is a party.

4.2 Landlord Representations
Landlord further represents and warrants that to the best of Landlord’s knowledge:
(a) Landlord holds good and marketable title to the Premises;
(b) The Premises complies with applicable building, housing, and health codes as of the Effective Date.

4.3 Survival
All representations and warranties shall survive the execution and delivery of this Agreement and the commencement of the Lease Term.

5. COVENANTS & RESTRICTIONS

5.1 Tenant Covenants (Affirmative)
(a) Timely payment of all monetary obligations;
(b) Maintenance of renters’ insurance;
(c) Prompt notice to Landlord of any condition posing a material risk to health, safety, or property.

5.2 Tenant Covenants (Negative)
(a) No sublease or assignment without Landlord’s prior written consent;
(b) No nuisance or unlawful conduct;
(c) No pets except as expressly permitted in Exhibit B.

5.3 Landlord Covenants
(a) Maintain habitability as required by Ind. Code § 32-31-8-5;
(b) Provide quiet enjoyment of the Premises, subject to Landlord’s rights under this Agreement;
(c) Maintain any Landlord-furnished appliances in good working order, reasonable wear and tear excepted.

6. DEFAULT & REMEDIES

6.1 Events of Default

The occurrence of any of the following shall constitute a “Tenant Default”:
(a) Failure to pay any rent or other monetary sums when due, which remains uncured five (5) days after written notice;
(b) Material breach of any non-monetary covenant not cured within ten (10) days after written notice;
(c) Abandonment of the Premises;
(d) False or misleading representations in any rental application.

6.2 Landlord Remedies

Upon any Tenant Default, Landlord may, subject to Applicable Law:
1. Terminate this Agreement upon written notice;
2. Accelerate all rent due through the end of the Lease Term;
3. Recover possession of the Premises through an eviction action in the [COUNTY] Housing Court;
4. Seek damages, including reasonable attorneys’ fees, court costs, and interest;
5. Apply the Security Deposit toward any outstanding amounts.

6.3 Tenant Remedies

If Landlord fails to perform any obligation under this Agreement and such failure materially impairs habitability, Tenant may, following notice and an opportunity to cure consistent with Applicable Law, pursue remedies permitted by Ind. Code § 32-31-8-6, including rent withholding or repair-and-deduct, to the extent allowed.

7. RISK ALLOCATION

7.1 Indemnification

Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and affiliates from and against any and all claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from (a) the use or occupancy of the Premises by Tenant or Permitted Occupants, (b) Tenant’s breach of this Agreement, or (c) the negligent or willful misconduct of Tenant or Permitted Occupants, except to the extent caused by the gross negligence or willful misconduct of Landlord.

7.2 Limitation of Liability

Except for Landlord’s gross negligence or willful misconduct and except as otherwise prohibited by Applicable Law, Landlord’s aggregate liability to Tenant for property damage shall not exceed the amount of the Security Deposit actually held by Landlord at the time the claim arises. Nothing herein shall limit (i) personal injury claims attributable to Landlord’s negligence, or (ii) statutory penalties recoverable under Applicable Law.

7.3 Force Majeure

Neither Party shall be liable for failure to perform any obligation (other than payment of money) when performance is prevented by events beyond its reasonable control, including Acts of God, governmental actions, or natural disasters, provided the affected Party gives prompt written notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflicts-of-law principles.

8.2 Forum Selection
Any action arising out of or relating to this Agreement shall be brought exclusively in the [COUNTY] Housing Court or other court of competent jurisdiction located in the State of Indiana.

8.3 Arbitration
Arbitration is expressly excluded.

8.4 Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT. IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT SUCH WAIVER IS UNENFORCEABLE, THIS SECTION SHALL BE STRICKEN AND THE MATTER SHALL PROCEED TO JURY TRIAL.

8.5 Injunctive Relief
Nothing in this Agreement shall limit Landlord’s right to seek injunctive or other equitable relief, including eviction or possession orders, where monetary damages are an inadequate remedy.

9. GENERAL PROVISIONS

9.1 Amendment; Waiver
No amendment or waiver of any provision of this Agreement shall be effective unless set forth in writing and signed by both Parties. A waiver on one occasion shall not constitute a waiver on any subsequent occasion.

9.2 Assignment
Tenant shall not assign this Agreement or sublet the Premises without Landlord’s prior written consent, which consent may be withheld in Landlord’s sole discretion, subject to Applicable Law. Any prohibited assignment is void.

9.3 Successors and Assigns
This Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, personal representatives, successors, and permitted assigns.

9.4 Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable while preserving the Parties’ intent.

9.5 Entire Agreement
This Agreement (including all attached exhibits and addenda) constitutes the entire understanding between the Parties, and supersedes all prior negotiations, representations, or agreements, whether written or oral, concerning the subject matter herein.

9.6 Counterparts; Electronic Signatures
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures delivered electronically (e.g., DocuSign, PDF) shall be deemed originals and fully enforceable.

9.7 Notices
All notices required or permitted under this Agreement shall be in writing and deemed given when (a) delivered in person, (b) sent by certified U.S. mail, return receipt requested, postage prepaid, or (c) sent by nationally recognized overnight courier, to the addresses first written above, or such other address as either Party may designate in writing.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Residential Lease Agreement as of the Effective Date.

[// GUIDANCE: Insert notary blocks or witness lines here if required by local practice or lender guidelines.]

EXHIBIT A – COMMUNITY RULES

[ATTACH]

EXHIBIT B – PET ADDENDUM (If Applicable)

[ATTACH]

[// GUIDANCE: Verify all cross-references, defined terms, and statutory citations before finalization. Confirm compliance with any municipal licensing, lead-based paint disclosure, or radon disclosure requirements applicable to the specific Premises.]