Lease Snipe

Indiana Prohibited Lease Clauses

3 restricted clause types

Our Indiana law database tracks 3 lease clause types that state law prohibits or restricts (2 illegal, 1 typically unenforceable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.

Educational information: generated from our Indiana law database (last updated 2024-01-01). Not legal advice.

Clause types restricted by Indiana law

  • Waiver of implied warranty of habitability

    Often Unenforceable

    Legal basis: Indiana Code Section 32-31-8-5

  • Confession of judgment clause

    Likely Illegal

    Legal basis: Indiana Code Section 32-31-1-2

  • Non-refundable security deposit

    Likely Illegal

    Legal basis: Indiana Code Section 32-31-3-12

Frequently asked questions

What lease clauses are illegal in Indiana?
Indiana law restricts 3 clause types tracked in our database, such as: waiver of implied warranty of habitability; confession of judgment clause; non-refundable security deposit.
Is a lease still valid if it contains an illegal clause in Indiana?
Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
Which law prohibits "waiver of implied warranty of habitability" in Indiana?
Indiana Code Section 32-31-8-5.

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Prohibited Lease Clauses in other states

Educational information generated from state statute data — not legal advice. Consult a licensed attorney in Indiana for your specific situation.