Indiana Residential Lease Agreement

Indiana Residential Lease Agreement

(Lease for Term or Month-to-Month)

Terms and Conditions

This residential lease agreement (the “Agreement”) is made and entered into this _____ day of _____, 20_____, by and between the person or entity named as Landlord in the Data Schedule (“Landlord”), whose address is stated there, and the person(s) named as Tenant(s) in the Data Schedule (“Tenant”).

Landlord leases to Tenant certain real property lying and situated in the Indiana county stated in the Data Schedule, such real property having the street address stated there (the “Premises”). Landlord desires to lease the Premises to Tenant, and Tenant desires to lease the Premises from Landlord, on the terms and conditions contained in this Agreement.

For and in consideration of the covenants and obligations contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree:

1. TERM. Landlord leases to Tenant, and Tenant leases from Landlord, the Premises described in the Data Schedule together with any and all appurtenances to the Premises, for the term elected below (CHECK EXACTLY ONE):

☐ FIXED TERM — beginning on _____, and ending at 11:59 PM on _____. The beginning date and the ending date control the length of the term.

☐ MONTH-TO-MONTH — a tenancy from month to month, beginning on _____, terminable by either party by written notice to the other at least one (1) month before the termination date stated in the notice. Notice equal to the monthly interval is sufficient to determine a month-to-month tenancy (IC 32-31-1-4; a general tenancy occupied with Landlord’s consent is a tenancy from month to month, IC 32-31-1-2).

If neither box is checked, or if both boxes are checked, the parties shall correct this election so that exactly one box is checked before Tenant takes occupancy. If Tenant nonetheless occupies the Premises with Landlord’s express or constructive consent before the election is corrected, the tenancy is a tenancy from month to month under IC 32-31-1-2 until the election is corrected; no other term is implied from an unchecked or a double-checked election.

2. RENT. Tenant shall pay to Landlord monthly rent in the amount stated in the Data Schedule, payable on the day of each month stated in the Data Schedule, without demand. The first installment is payable upon the due execution of this Agreement. All payments shall be made to Landlord at Landlord’s address stated in the Data Schedule, or at such other address as Landlord designates in writing. Unless applicable law requires otherwise, payments received are applied to the oldest outstanding balance first. If any check, draft, or other payment instrument is returned or dishonored unpaid, Landlord reserves all remedies available under applicable law, including those provided by IC 26-2-7, and Tenant shall reimburse Landlord for any bank or processing charge Landlord actually incurs because of the dishonored instrument, as actual damages. A stated due date, and payment of the first installment at signing, are not an agreement that rent is payable in advance for purposes of IC 32-31-1-8(5); nonpayment is handled under the DEFAULT clause of this Agreement, except where a longer notice is required by law.

3. SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord a security deposit in the amount stated in the Data Schedule. As used in this Agreement, “security deposit” has the meaning given by IC 32-31-3-9 and includes any refundable pet deposit stated in the Data Schedule; all deposits under this Agreement, and every part of them, are refundable to the extent provided by law. Landlord may apply the security deposit only to the following purposes stated in IC 32-31-3-13: under subsection (1), actual damages to the Premises or any ancillary facility that are not the result of ordinary wear and tear; under subsection (2), all rent in arrearage under this Agreement, and rent due for premature termination of this Agreement by Tenant; and under subsection (4), utility or sewer charges paid by Landlord that are Tenant’s obligation under this Agreement and that Tenant has not paid. The deposit will not serve as the last payment of rent unless the parties later agree to that in a separate signed writing (IC 32-31-3-13(3)). Not more than forty-five (45) days after termination of occupancy, Landlord shall mail to Tenant at the forwarding address Tenant supplies in writing an itemized list of the damages claimed for which the deposit may be used under IC 32-31-3-13, setting forth the estimated cost of repair for each damaged item and the amounts and lease on which Landlord intends to assess Tenant, accompanied by a check or money order for any positive difference between the damages claimed and the deposit held (IC 32-31-3-14, IC 32-31-3-15). Separately, not more than forty-five (45) days after termination of this Agreement and delivery of possession, Landlord shall deliver the written notice and any amount due under IC 32-31-3-12(a). Tenant shall provide Landlord a forwarding mailing address in writing at or before surrender; Landlord is not liable under IC 32-31-3 until Tenant supplies that address in writing (IC 32-31-3-12(a)). Unless otherwise agreed, Tenant is not entitled to apply the security deposit to rent (IC 32-31-3-12(a)). Sums that IC 32-31-3-13 does not allow Landlord to take from the deposit remain recoverable as other damages to the extent IC 32-31-3-12(c) and other law allow. The security deposit is held without payment of interest, as permitted by Indiana law. A waiver of IC 32-31-3 by Landlord or Tenant is void (IC 32-31-3-17).

4. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant’s immediate family, consisting of _____, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant’s immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.

5. JOINT AND SEVERAL LIABILITY; OCCUPANTS. Each Tenant who signs this Agreement is jointly and severally liable for all obligations of Tenant under this Agreement. Every person eighteen (18) years of age or older who will occupy the Premises must sign this Agreement as a Tenant, unless Landlord consents in writing to that person’s occupancy as a permitted occupant only. Occupants who have not signed this Agreement (including members of Tenant’s immediate family identified in the USE OF PREMISES clause and minor children) are not parties to this Agreement and acquire no rights under it; Tenant is responsible for the acts and omissions of all occupants of and visitors to the Premises.

6. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Agreement in good order, repair, and in a safe, clean and tenantable condition. This acknowledgment is not a waiver of Landlord’s obligations under IC 32-31-8-5 and does not cover latent conditions or conditions that arise after the acknowledgment.

7. ASSIGNMENT AND SUBLEASING. Tenant shall not assign this Agreement, or sublease or grant any license to use the Premises or any part of it without the prior written consent of Landlord. A consent by Landlord to one such assignment, subleasing or license shall not be deemed to be a consent to any subsequent assignment, subleasing or license. An assignment, subleasing or license without the prior written consent of Landlord or an assignment or subleasing by operation of law shall be absolutely null and void and shall, at Landlord’s option, terminate this Agreement.

8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. Landlord may require Tenant to remove any alteration or improvement and restore the Premises to its prior condition at Tenant’s expense.

9. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Agreement term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability for delay in delivering possession, except to the extent a liability may not be waived under IC 32-31-8-5 or other law, but the rent provided in this Agreement shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the Premises and pay the rent provided in this Agreement from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights under this Agreement shall terminate.

10. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

11. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises, including water, gas, electricity, trash removal, and sewer charges. Tenant shall keep all utilities for which Tenant is responsible in continuous service during the term and shall maintain heat sufficient to prevent freezing of pipes.

12. MAINTENANCE AND REPAIR; RULES. Tenant shall, at Tenant’s sole expense, keep the Premises and appurtenances in a clean, sanitary, and good condition during the term of this Agreement and any renewal, perform routine upkeep (including replacement of light bulbs, filters, and smoke-detector batteries, clearing of drains stopped by misuse, and yard care unless Landlord provides it), and pay the cost of repairing any damage to the Premises, its systems, or its appliances caused by Tenant, Tenant’s occupants, guests, or animals, or by misuse or neglect. This covenant does not require Tenant to perform an obligation that IC 32-31-8-5 imposes on Landlord; Landlord maintains the systems and appliances described in IC 32-31-8-5(4) except to the extent repair is required by damage, misuse, or neglect caused by Tenant, Tenant’s occupants, guests, or animals. Without limiting the preceding sentences, Tenant shall:

(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;

(b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair, except for Landlord’s obligations under IC 32-31-8-5 and except for ordinary wear;

(c) Not obstruct or cover the windows or doors;

(d) Not leave windows or doors in an open position during any inclement weather;

(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;

(f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord, except as provided by IC 32-31-9-11(b) for a protected individual;

(g) Keep all air conditioning filters clean and free from dirt;

(h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair, except for Landlord’s obligations under IC 32-31-8-5 and except for ordinary wear, and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited in them. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;

(i) And Tenant’s family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;

(j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;

(k) Deposit all trash, garbage, rubbish or refuse in the locations provided for that purpose and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;

(l) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant to the Premises which may be adopted or promulgated by the Condominium or Homeowners’ Association having control over them.

Tenant’s obligations under this clause include the obligations imposed on a tenant by IC 32-31-7-5, to the extent applicable: complying with obligations imposed primarily on tenants by applicable health and housing codes; keeping the areas Tenant occupies or uses reasonably clean; using electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems, elevators, facilities, and appliances in a reasonable manner; refraining from defacing, damaging, destroying, impairing, or removing any part of the Premises; complying with reasonable rules and regulations; and ensuring that each smoke detector installed in the Premises remains functional and is not disabled, with batteries replaced as necessary. At the termination of Tenant’s occupancy, Tenant shall deliver the Premises to Landlord in a clean and proper condition, excepting ordinary wear and tear expected in the normal course of habitation of a dwelling unit (IC 32-31-7-6). Landlord may adopt or amend reasonable rules and regulations for the Premises, any common areas, and any building of which the Premises are a part, and Tenant shall comply with them, including rules adopted or amended after the date of this Agreement, which take effect on the reasonable effective date stated in Landlord’s written notice to Tenant (IC 32-31-7-5(5); the parties agree that this clause provides otherwise for purposes of IC 32-31-5-4, so no fixed modification-notice period applies to rules and regulations adopted under this clause); such rules are part of this Agreement, and a material or repeated violation of them is a breach of this Agreement. Tenant shall give Landlord prompt notice of any condition requiring repair or that Tenant claims is a breach of Landlord’s obligations under IC 32-31-8-5 — written notice is preferred and creates the record — shall allow Landlord a reasonable time to repair or remedy it, and shall not deny Landlord access to do so (IC 32-31-8-6(b)); Landlord’s duties and damages exposure also run from actual knowledge as provided in IC 32-31-8-6(e). Tenant’s failure to give prompt written notice of a condition requiring repair is a breach of this Agreement; this covenant does not limit when Landlord’s duties arise under IC 32-31-8-6 (which run from notice or actual knowledge). Tenant shall not withhold, offset, or escrow rent. Nothing in this Agreement waives, modifies, or supersedes Landlord’s obligations under IC 32-31-8-5 or any other duty imposed by law.

13. INSURANCE. Landlord, Landlord’s agent or manager, or, if applicable, the Condominium or Homeowners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised Tenant to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.

14. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by Tenant, Tenant’s occupants, guests, or animals (whether negligent or intentional), this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued under this Agreement. The rent provided for in this Agreement shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises be rendered uninhabitable, Landlord shall have the option of either repairing such injured or damaged portion or terminating this Agreement. If Landlord elects to repair, and the casualty was not caused by Tenant, Tenant’s occupants, guests, or animals, the rent shall abate in the proportion that the injured part bears to the whole Premises until the repair is substantially complete; no abatement applies to a casualty caused by Tenant, Tenant’s occupants, guests, or animals. Landlord is not liable for damage to Tenant’s personal property from any casualty and has no obligation to repair or replace it. Landlord shall restore the repaired portion as speedily as practicable, after which the full rent shall recommence and this Agreement continue according to its terms. Nothing in this clause waives Landlord’s obligations under IC 32-31-8-5.

15. INSPECTION OF PREMISES. Tenant may not unreasonably withhold consent to Landlord’s entry into the Premises to inspect the Premises; to make necessary or agreed repairs, decorations, alterations, or improvements; to supply necessary or agreed services; or to exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors (IC 32-31-5-6(e)). Landlord shall give Tenant reasonable written or oral notice of Landlord’s intent to enter the Premises, and Landlord may enter only at reasonable times (IC 32-31-5-6(g)). Landlord may enter the Premises without notice to Tenant in the case of an emergency that threatens the safety of the occupants or Landlord’s property, and may enter without Tenant’s consent under a court order or if Tenant has abandoned or surrendered the Premises (IC 32-31-5-6(f)). Landlord shall not abuse the right of entry or use it to harass Tenant (IC 32-31-5-6(g)(1)). Landlord and Landlord’s agents may display “For Sale,” “For Rent,” or “Vacancy” signs on the Premises at any time, and may show the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors at reasonable times upon the notice described above, including during the last forty-five (45) days of the term and after any notice of termination. After written notice to Tenant and a reasonable opportunity to correct, Landlord may enter the Premises to remove or correct any sign, placard, or unauthorized alteration affixed to the Premises in violation of this Agreement, at Tenant’s expense; Landlord will not remove Tenant’s personal property that is not affixed to the Premises.

16. SUBORDINATION OF LEASE. This Agreement and Tenant’s interest under this Agreement are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or later placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.

17. TENANT’S HOLD OVER. If Tenant remains in possession of the Premises with Landlord’s express or constructive consent after the natural expiration of this Agreement, a new tenancy from month to month shall be created, at the monthly holdover rent stated in the Data Schedule, and otherwise subject to the covenants and conditions of this Agreement. Such month-to-month tenancy is terminable by either party by written notice to the other at least one (1) month before the termination date stated in the notice; notice equal to the monthly interval is sufficient to determine a month-to-month tenancy (IC 32-31-1-4, IC 32-31-1-2). If Tenant remains in possession without Landlord’s consent, no periodic tenancy is created; Tenant is a tenant at sufferance, which Landlord may terminate without notice (IC 32-31-1-8(4)), shall pay the holdover rent stated in the Data Schedule for each month or part of a month of such possession as the agreed value of use and occupancy, and is liable for Landlord’s actual damages caused by the holdover, including loss of a successor tenant. Landlord’s acceptance of a payment tendered during an unconsented holdover will be applied to the value of use and occupancy and to damages, and does not by itself create a tenancy.

18. SURRENDER OF PREMISES. Upon the expiration or earlier termination of the term, Tenant shall surrender the Premises in a clean and proper condition, excepting ordinary wear and tear expected in the normal course of habitation of a dwelling unit (IC 32-31-7-6). Tenant shall return all keys, access devices, and remotes; if any are not returned, Landlord may rekey the Premises at Tenant’s expense.

19. ANIMALS. Tenant shall keep no animal on the Premises unless Landlord first consents in writing. If Landlord consents, Tenant shall keep no more than _____ domestic dogs, cats, or birds, and no other animal. If Landlord consents to an animal, Tenant shall pay the refundable pet deposit stated in the Data Schedule, if any. The pet deposit is part of the security deposit for purposes of IC 32-31-3 and this Agreement, is refundable to the extent provided by law, and is accounted for together with the security deposit under the SECURITY DEPOSIT clause of this Agreement. No nonrefundable pet fee or separate pet rent is charged under this Agreement. An assistance animal that Tenant is entitled to keep under the federal Fair Housing Act is not an animal for purposes of this clause and is not subject to the consent, number, species, or pet-deposit provisions of this clause.

20. QUIET ENJOYMENT. Tenant, upon payment of all sums payable by Tenant under this Agreement, upon performance of Tenant’s agreements in this Agreement, and upon observance of all rules and regulations, may peacefully and quietly hold and enjoy the Premises for the term of this Agreement.

21. INDEMNIFICATION. Landlord shall not be liable for damage or injury to Tenant, Tenant’s family, guests, invitees, agents, or employees, or to any person entering the Premises or the building of which the Premises are a part, except to the extent such damage or injury is caused by the negligence or willful misconduct of Landlord or Landlord’s agents or by Landlord’s breach of a duty imposed by law. IC 32-31-9 does not make Landlord or Landlord’s agent liable for the actions of a perpetrator or a third party (IC 32-31-9-15). Tenant shall indemnify, defend, and hold Landlord harmless from and against all claims, damages, liabilities, and expenses (including reasonable costs of defending third-party claims) arising from damage or injury caused by the negligence or willful misconduct of Tenant, Tenant’s family, occupants, guests, invitees, agents, or employees. This clause allocates defense costs for third-party claims only; it does not shift attorney’s fees in an action between Landlord and Tenant and yields to the ATTORNEYS’ FEES clause of this Agreement. Nothing in this clause limits or supersedes either party’s rights or obligations under IC 32-31-8 or other applicable law.

22. DEFAULT. (a) Nonpayment of rent. If Tenant refuses or neglects to pay rent when due, Landlord may terminate this Agreement with not less than ten (10) days’ notice to Tenant (IC 32-31-1-6), served as provided by IC 32-31-1-9 and the NOTICE clause of this Agreement. If Tenant pays the rent then due in full before the notice period expires, this Agreement continues in effect (IC 32-31-1-6(2)); a partial payment does not continue this Agreement unless Landlord agrees in writing, and Landlord may accept a partial payment without waiving the notice. (b) Other material breach. If Tenant fails to comply with any other material provision of this Agreement, Landlord may terminate this Agreement by written notice to Tenant identifying the breach and stating the termination date, and may pursue the remedies provided by law, subject only to any notice and opportunity to cure required by applicable law. Whether to afford any opportunity to cure, and for how long, is at Landlord’s sole option; no provision of this Agreement creates a right to cure beyond what applicable law requires, and Landlord’s election to allow cure on one occasion is not a waiver on any other. (c) Remedies preserved. Termination of this Agreement does not relieve Tenant of liability for accrued rent or for damages caused by Tenant’s breach, as allowed by law. Landlord preserves all statutory and other lawful remedies, including those under IC 32-31-3, IC 32-31-6, IC 32-31-7, and IC 32-30-2. Nothing in this Agreement accelerates rent for any period after termination or dispenses with any notice required by IC 32-31-1 or other applicable law. The parties do not agree that rent is payable in advance for purposes of IC 32-31-1-8(5). Landlord shall not terminate this Agreement for nonpayment, or require Tenant to vacate for nonpayment, without the notice in subsection (a), except where a longer notice is required by law.

23. LATE CHARGE. In the event that any payment of rent is not received on the date when due, Tenant shall pay to Landlord, in addition to such payment, a late charge in the amount stated in the Data Schedule. The late charge is a single, one-time charge for the late payment; it does not compound, does not accrue daily, and does not recur with respect to the same unpaid amount; and it is not interest, rent, or a penalty. Tenant’s payment of a late charge does not cure Tenant’s failure to pay rent when due and does not limit Landlord’s remedies for that failure.

24. ABANDONMENT. As used in this Agreement, “abandonment” has the meaning given by IC 32-31-5-6(b) — Tenant has failed to pay or offer to pay rent due under this Agreement, and the circumstances are such that a reasonable person would conclude that Tenant has surrendered possession of the Premises — and this Agreement does not define abandonment differently. If Tenant abandons the Premises or any part of it, Landlord may, at Landlord’s discretion, enter and relet the Premises, applying rents received first to Landlord’s costs of reletting and then to accrued rent and other damages, and Tenant remains liable for any deficiency. If Tenant abandons the Premises, and after Landlord accepts surrender of the Premises or recovers possession, Landlord will make reasonable efforts to relet the Premises. Reletting under this clause is not an acceptance of surrender. This obligation does not require Landlord to relet by any deadline, does not guarantee that the Premises will be relet, and does not limit Tenant’s liability for accrued rent or damages, subject to any credit against those amounts required by law. Landlord shall not take possession of, remove, deny Tenant access to, or dispose of Tenant’s personal property to enforce any obligation of Tenant under this Agreement (IC 32-31-5-5). Tenant’s personal property left on the Premises shall be handled only as permitted by IC 32-31-4. Tenant’s personal property is abandoned when a reasonable person would conclude that Tenant has vacated the Premises and surrendered possession of the property, and Landlord has no liability for loss of or damage to personal property Tenant has abandoned (IC 32-31-4-2(a)-(b)); abandonment of the Premises alone does not permit Landlord to dispose of property that is not abandoned.

25. ATTORNEYS’ FEES. In any action or proceeding between Landlord and Tenant arising out of or relating to this Agreement, the prevailing party is entitled to recover its reasonable attorney’s fees and costs from the other party. This clause supplements, and does not limit, any right to recover attorney’s fees, or obligation to pay attorney’s fees, provided by applicable law, including, as applicable, IC 32-31-3-12(b), IC 32-31-3-16, IC 32-31-7-7(f), and IC 32-31-8-6.

26. SMOKE DETECTOR. In accordance with IC 32-31-5-7, Tenant acknowledges that the Premises is equipped with functional smoke detector(s). Tenant shall keep each smoke detector functional and shall not disable it, shall replace batteries in battery-operated detectors as necessary, and shall test each detector at least once every six (6) months (IC 32-31-7-5(6); IC 22-11-18-3.5(d)). Tenant shall promptly give Landlord written notice if any smoke detector ceases to function or needs replacement or repair. Landlord (or Landlord’s manager or rental agent) will replace or repair a required smoke detector within seven (7) working days after written notification of the need (IC 22-11-18-3.5(e)); for a hard-wired detector, Tenant’s written notice should be sent by certified mail, return receipt requested, and failure to repair or replace within seven (7) days after that notice is an infraction (IC 22-11-18-5.5). (written acknowledgment required by IC 32-31-5-7(a) at delivery of the Premises).

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27. RECORDING OF AGREEMENT. Tenant shall not record this Agreement or any memorandum of it without Landlord’s prior written consent. This covenant applies only to a lease for a term of three (3) years or less; for a lease for a term longer than three (3) years, Indiana law imposes recording rules (IC 32-31-2-1, IC 32-31-2-2), and this covenant does not apply. Tenant’s recording of this Agreement in violation of this clause is a material breach of this Agreement.

28. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Indiana. The parties agree that venue for any action arising out of or relating to this Agreement lies in the county in which the Premises are located.

29. SEVERABILITY. If any provision of this Agreement or its application shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected by that invalidity or unenforceability, but instead shall be enforced to the maximum extent permitted by law.

30. BINDING EFFECT. The covenants, obligations and conditions in this Agreement shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties to this Agreement.

31. DESCRIPTIVE HEADINGS. The descriptive headings in this Agreement are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.

32. CONSTRUCTION. The pronouns in this Agreement shall include, where appropriate, either gender or both, singular and plural.

33. NON-WAIVER. No indulgence, waiver, election, or non-election by Landlord under this Agreement shall affect Tenant’s duties and liabilities under this Agreement. Landlord’s acceptance of rent, late rent, or a partial payment, with or without knowledge of a breach, is not a waiver of that breach, of any notice previously given, or of Landlord’s right to terminate or to pursue any remedy. No waiver by Landlord is effective unless it is in a writing signed by Landlord, and a waiver on one occasion is not a waiver on any later occasion.

34. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties to this Agreement, and except that rules and regulations adopted or amended under the MAINTENANCE AND REPAIR; RULES clause take effect as provided in that clause. During any month-to-month tenancy under this Agreement, Landlord may change the rent or any other term of this Agreement by written notice to Tenant given at least thirty (30) days before the effective date of the change.

35. NOTICE. (a) Statutory notices. Any notice required or permitted under IC 32-31-1-1 through IC 32-31-1-7 (including any notice to pay rent or vacate the Premises) may be served on Tenant personally; if Tenant cannot be found, on a person residing at the Premises, with the contents of the notice explained to that person; or, if no such person is found on the Premises, by affixing a copy of the notice to a conspicuous part of the Premises (IC 32-31-1-9). (b) Security deposit communications. Landlord’s itemized list of damages and any deposit balance shall be mailed to Tenant at the forwarding address Tenant provides in writing (IC 32-31-3-12, IC 32-31-3-14). (c) Other notices. Any other notice required or permitted under this Agreement or under state law shall be deemed sufficiently given if in writing and delivered personally or sent by first-class or certified mail to the party at the address stated in the Data Schedule or, for notices to Landlord, to the Agent for Service of Process and Notices stated in the Data Schedule (or at such other address as a party designates by written notice to the other). A notice sent by mail under this subsection (c) is deemed given three (3) days after deposit in the United States mail, postage prepaid. A courtesy copy may additionally be sent by email or other means, but a courtesy copy alone does not constitute notice under this Agreement. (d) Manager and agent disclosure (IC 32-31-3-18). Landlord discloses and furnishes to Tenant the name and address of (1) a person residing in Indiana who is authorized to manage the Premises, and (2) a person residing in Indiana who is reasonably accessible to 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, each as stated in the Data Schedule; the same person may be identified for both.

Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this section by written notice of the change to the other party.

36. FEDERAL PROVISIONS. (a) Servicemembers Civil Relief Act. Nothing in this Agreement limits the rights of a servicemember under the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., including the right to terminate this Agreement under 50 U.S.C. § 3955 and the protections of 50 U.S.C. § 3951; no early-termination charge applies to a termination under § 3955, and rent paid in advance is refunded as required by that Act.

(b) CARES Act. If the Premises is a “covered dwelling” under Section 4024 of the CARES Act, 15 U.S.C. § 9058, Landlord will give Tenant at least thirty (30) days’ notice to vacate before requiring Tenant to vacate, notwithstanding any shorter notice period stated in this Agreement or provided by Indiana law. Covered-property status (check one):

☐ The Premises is on a covered property.

☐ The Premises is not on a covered property.

(c) Violence Against Women Act. If the tenancy is within a covered housing program under the Violence Against Women Act, 34 U.S.C. § 12491, the protections of that Act apply as provided by law. In all cases, the rights and procedures of IC 32-31-9 apply. A waiver of IC 32-31-9 is void. Nothing in this Agreement limits a termination under IC 32-31-9-12 or authorizes an early-termination fee or penalty for that termination.

(d) Lead-Based Paint. Year the Premises was built (check one):

☐ Before 1978 — the federal lead-based paint disclosure form and EPA pamphlet accompany this Agreement and must be completed and signed by the parties before or at execution; they, and not this Agreement, are the disclosure.

☐ 1978 or later — the federal lead-based-paint disclosure requirement does not apply.

37. FLOOD PLAIN DISCLOSURE.

☐ (Check only if applicable.) Landlord discloses that the structure is located in a flood plain (IC 32-31-1-21). This disclosure is required if the lowest floor of the structure, including a basement, is at or below the one hundred (100) year frequency flood elevation, as determined by the Indiana Department of Natural Resources, the Federal Emergency Management Agency’s Flood Insurance Rate Maps, or FEMA approved local flood plain maps.

38. MILITARY INSTALLATION PROXIMITY DISCLOSURE.

☐ (Check only if applicable.) Landlord discloses, as required by IC 32-31-1-21.1, that: (1) the Premises is located near a military installation, within a state area of interest (as defined in IC 36-7-30.2-6), and may be impacted to some degree by the effects of the installation’s military operations; and (2) local laws may restrict use and development of the Premises to promote compatibility with military installation operations.

39. ADDITIONAL PROVISIONS; DISCLOSURES.

[Insert any additional agreed terms. Lead-based paint disclosures are made on the attached federal form (FEDERAL PROVISIONS clause); flood plain and military-installation disclosures are made in the clauses above.]