Indiana Smoke Detector Disclosure

Indiana Lease Requirements: Smoke Detector Disclosure

Indiana law requires that, at the start of a tenancy, the Tenant acknowledges in writing that the rental unit is equipped with a functional smoke detector and that neither the Landlord nor the Tenant may waive this requirement. Indiana Code § 22-11-18-3.5.

Further, Indiana law requires that:

• Smoke detectors be installed according to details outlined in Indiana Code § 22-11-18-3.5.
• Tenants ensure each smoke detector remains functional and is not disabled. Indiana Code § 32-32-7-5.
• If the smoke detector is battery-operated, the Tenant must replace the batteries as needed. Indiana Code § 32-32-7-5.
• If the smoke detector is hard-wired into the rental unit’s electrical system and the Tenant believes the smoke detector is not functioning, the Tenant must provide the Landlord with written notice of the need to repair or replace the smoke detector.

A Landlord who violates Indiana Code § 22-11-18-3.5 at the start of the occupancy or fails to repair or replace an inoperable smoke detector within 7 days of receiving notice that the smoke detector is inoperable, commits a Class B infraction and is subject to a fine up to $1,000.

If the Landlord has a prior violation for an offense under this section, it is a Class A infraction and the Landlord is subject to a fine of up to $10,000.

To comply with these requirements, Indiana Landlords should attach the Smoke Detector Disclosure as an Addendum to their Indiana Lease Agreement.