Indiana
Landlord Tenant Law
IC
32-7-1-1:
Estates at
will may be determined by one (1) month's notice in writing, delivered to the
tenant.
IC
32-7-1-2:
A tenancy at
will can not arise or be created without an express contract; and all general
tenancies, except those tenancies covering lands used for agricultural purposes,
in which the premises are occupied by the consent, either express or
constructive, of the landlord, shall be deemed tenancies from month to month.
IC
32-7-1-3:
All tenancies
from year to year, may be determined by at least three (3) months' notice given
to the tenant prior to the expiration of the year; and in all tenancies which,
by agreement of the parties, express or implied, are from one period to another,
of less than three (3) months' duration, a notice equal to the interval between
such periods shall be sufficient.
IC
32-7-1-4:
The following
form of notice, or one substantially like it, may be used in the case of a
tenancy from year to year, the date, names and description being changed to suit
each particular case:
Georgetown,
Floyd County, Indiana,
November
30, 1879.
To
William Brown:
You
are hereby notified to deliver up to me, at the expiration of the current year
of the tenancy, the possession of the following described premises, viz: the
south-east quarter of section six, in township two, south of range five (5),
east in the county of Floyd, and State of Indiana, now held of me, by you, as
tenant.
Isaac
R. Keller
IC
32-7-1-5:
If a tenant
refuses or neglects to pay rent when due, ten (10) days' notice to quit shall
determine the lease, when not otherwise provided therein or agreed to by the
parties, unless such rent be paid at the expiration of said ten (10) days.
IC
32-7-1-6:
The following
form of notice, or one substantially like it, may be used in the case of a
failure or refusal to pay rent, the date, names and description being changed to
suit each particular case:
New
Albany, Indiana,
November
30, 1879.
To
Joseph Demorest:
You
are hereby notified to deliver up to me at the expiration of ten days from the
time of receiving this notice, the possession of the following premises, viz:
the cottage house, with its appurtenances, situated on lot numbered ten, on
Market street, in plat twenty in the city of New Albany, county of Floyd, and
State of Indiana, unless the rent due for said premises is paid within that
time.
Ezekiel
R. Day.
IC
32-7-1-7:
Where the
landlord agrees with the tenant to rent the premises to him for a specified
period of time, or where the time for the determination of the tenancy is
specified in the contract, or where a tenant at will commits waste, or in the
case of a tenant at sufferance; or where, by the express terms of the contract,
the rent is to be paid in advance, and the tenant has entered, and refuses or
neglects to pay the rent, and in any case where the relation of landlord and
tenant does not exist, no notice to quit shall be necessary.
IC
32-7-1-8:
Notice as required in sections 1 through 7 of this chapter, may be served
on the tenant, or if he can not be found, by delivering the same to some person
of proper age and discretion, residing on the premises, having first made known
to such person the contents thereof; and if no such person can be found on the
premises, then by affixing a copy of such notice to a conspicuous part of said
premises.
IC
32-7-1-9: A
conveyance of real estate, or of any interest therein, by a landlord, shall be
valid, without the attornment of the tenant. But the payment of rent by the
tenant to the grantor, at any time before notice of sale given to said tenant,
shall be good against the grantee.
IC 32-7-1-10: The attornment
of a tenant to a stranger, shall be void, and shall not affect the possession of
his landlord, unless it be made with the consent of the landlord, or pursuant to
a judgment at law, or the order or decree of a court.
IC
32-7-1-11:
Sublessees
shall have the same remedy upon the original covenants against the chief
landlord, as they might have had against their immediate lessor.
IC
32-7-1-12:
Alienees of
lessors and lessees of land shall have the same legal remedies in relation to
such lands as their principals.
IC
32-7-1-13:
Rents from
lands granted for life or lives may be recovered as other rents.
IC
32-7-1-14:
A person
entitled to rents dependent on the life of another, may recover arrears unpaid
at the death of such other person.
IC
32-7-1-15:
Executors and
administrators shall have the same remedies to recover rents, and be subject to
the same liabilities to pay them as their testators and intestates.
IC
32-7-1-16:
The occupant,
without special contract, of any lands, shall be liable for the rent to, any
person entitled thereto.
IC
32-7-1-17:
When a tenant
for life who shall have demised any lands, shall die on or after the day when
any rent becomes due and payable, his executors or administrators may recover
from the under tenant the whole rent due; if he die before the day when any rent
is to become due, they may recover the proportion of rent which accrued before
his death, and the remainderman shall recover the residue.
IC
32-7-1-18:
(a)
In all cases where a tenant agrees to pay as rent a part of the crop
raised on the leased premises, or rent in kind, or a cash rent, the landlord may
have a lien on the crop raised under such contract, for the payment of such
rent, which lien, if the tenant refuses or neglects to pay or deliver to the
landlord such rent when due, may be enforced by sale of such crop in the same
manner the lien of a chattel mortgage containing a power to sell.
(b)
Any landlord desiring to acquire a lien on the crop raised under such
contract, on such leased premises, shall file in the recorder's office of the
county in which such leased premises is located, at any time thirty (30) days
prior to the maturity of such crop, and during the year in which such crop is
grown, notice of his intention to hold a lien upon such crop for the amount of
such rent, specifically setting forth the amount claimed and giving a
substantial description of the lands on which such crop is being grown
sufficiently precise to identify such lands.
(c)
The recorder shall record the notice, when presented, in the
miscellaneous record book, for which he shall receive fees in accordance with IC
36-2-7-10.
(d)
All liens so created shall relate to the time of recording and shall have
priority over all liens suffered or created thereafter. However, this section
does not prohibit the tenant, after notice in writing to the landlord or his
agent, from removing from such leased premises his own part of said growing
crop, and no more than such part, and from also disposing of the same whenever
the rent is to be paid in part of the crop raised, and in other cases he may
remove not more than one-half (1/2) of the crop growing or matured.
IC
32-7-1-19:
(a)
This section does not apply to privately owned real property for which
government funds or benefits have been allocated from the United States
government, the state, or a political subdivision for the express purpose of
providing reduced rents to low or moderate income tenants.
(b)
Regulation of rental rates for privately owned real property must be
authorized by an act of the general assembly.
IC
32-7-2-1:
Every lease of
real estate for a longer period than three (3) years shall be recorded in the
Miscellaneous Record, in the recorder's office of the county in which such lands
shall be situated, and every lease for a longer period than three (3) years, not
so recorded within forty-five (45) days from the execution thereof, shall be
void as against any subsequent purchaser, lessee, or mortgagee, in good faith,
and for a valuable consideration.
IC
32-7-3: Repealed
IC
32-7-4: Repealed
IC
32-7-5-1:
(a)
This chapter applies to rental agreements, wherever made, for dwelling
units located in Indiana.
(b)
Unless created to avoid the application of this chapter, the following
arrangements are not governed by this chapter:
(1)
Residence at a rental unit owned or operated by an institution, public,
or private, if directly related to detention or the provision of medical,
maternity home care, educational, counseling, religious, geriatric, or similar
service.
(2)
Occupancy under a contract of sale of a rental unit or the property of
which it is a part, if the occupant is the purchaser or a person who succeeds to
the purchaser's interest.
(3)
Occupancy by a member of a fraternal or social organization in the part
of a structure operated for the benefit of the organization.
(4)
Transient occupancy in a hotel, motel, or lodging.
(5)
Occupancy by an employee of a landlord whose right to occupancy is
conditional upon employment in or about the premises.
(6)
Occupancy by an owner of a condominium unit or a holder of a proprietary
lease in a cooperative.
(7)
Occupancy under a rental agreement covering property used by the occupant
primarily for agricultural purposes.
IC
32-7-5-2:
As used in
this chapter, "cooperative housing association" means a consumer
cooperative that provides dwelling units to its members.
IC
32-7-5-3:
As used in
this chapter, "landlord" means the owner, lessor, or sublessor of a
rental unit or the property of which the unit is a part or a person authorized
to exercise any aspect of the management of the premises, including a person
who, directly or indirectly, acts as a rental agent, receives rent or any part
of the rent, other than as a bona fide purchaser.
IC
32-7-5-4:
As used in
this chapter, "owner" means one (1) or more persons in whom is vested,
jointly or severally, all or part of the legal title to property. The term
includes a mortgagee in possession or a contract purchaser in possession.
IC
32-7-5-5 :
As used in this chapter, "person" means an individual, a
corporation, an association, a partnership, a governmental entity, a trust, an
estate, or any other legal or commercial entity.
IC
32-7-5-6:
As used in
this chapter, "rent" includes all payments to be made to the landlord
under a rental agreement except a security deposit, however denominated.
IC
32-7-5-7:
As used in
this chapter, "rental agreement" means all agreements, together with
any subsequent modifications, embodying the terms and conditions concerning the
use and occupancy of a rental unit.
IC
32-7-5-8:
As used in
this chapter, "rental unit" means a structure, or the part of a
structure, that is used as a home, residence, or sleeping unit by one (1)
individual who maintains a household or by two (2) or more individuals who
maintain a common household, or any grounds, other facilities, or area promised
for the use of a residential tenant including an apartment unit, boarding house,
rooming house, mobile home space, and a single or two (2) family dwelling.
IC
32-7-5-9:
(a)
As used in this chapter, "security deposit" means a deposit
paid by a tenant to the landlord or the landlord's agent to be held for the term
of the rental agreement, or any part of the term, to secure performance of any
obligation of the tenant under the rental agreement and includes:
(1)
a required prepayment of rent other than the first full rental payment
period of the lease agreement;
(2)
a sum required to be paid as rent in any rental period in excess of the
average rent for the term; and
(3)
any other amount of money or property returnable to the tenant on
condition of return of the rental unit by the tenant in condition as required by
the rental agreement.
(b)
The term does not include the following:
(1)
An amount paid for an option to purchase under a lease with option to
purchase, unless it is shown the intent was to evade this chapter.
(2)
An amount paid as a subscription for or purchase of a membership in a
cooperative housing association incorporated under Indiana law.
IC
32-7-5-10:
As used in
this chapter, "tenant" means an individual who occupies a rental unit
for residential purposes with the landlord's consent for consideration that is
agreed upon by both parties.
IC
32-7-5-11:
(a)
The following courts have original and concurrent jurisdiction in cases arising
under this chapter:
(1)
Each circuit court.
(2)
Each superior court.
(3)
Each county court.
(4)
Each municipal court.
(5)
Each small claims court.
(b)
A case arising under this chapter may be filed on the small claims docket
of a court that has jurisdiction.
IC
32-7-5-12:
(a)
Upon termination of a rental agreement, all of the security deposit held
by the landlord shall be returned to the tenant, except for any amount applied
to:
(1)
the payment of accrued rent;
(2)
the amount of damages that the landlord has or will reasonably suffer by
reason of the tenant's noncompliance with law or the rental agreement; and
(3)
unpaid utility or sewer charges that the tenant is obligated to pay under
the rental agreement;
all as itemized by the landlord in a written notice delivered to the tenant
together with the amount due within forty-five (45) days after termination of
the rental agreement and delivery of possession. The landlord is not liable
under this chapter until supplied by the tenant in writing with a mailing
address to which to deliver the notice and amount prescribed by this subsection.
Unless otherwise agreed, the tenant is not entitled to apply a security deposit
to rent.
(b)
If the landlord fails to comply with subsection (a), the tenant may
recover all of the security deposit due the tenant and reasonable attorney's
fees.
(c)
This section does not preclude the landlord or tenant from recovering
other damages to which either is entitled.
(d)
The owner of the dwelling unit at the time of the termination of the
rental agreement is bound by this section.
IC
32-7-5-13:
A security
deposit may be used only for the following purposes:
(1)
To reimburse the landlord for actual damages to the rental unit or any
ancillary facility that are not the result of ordinary wear and tear expected in
the normal course of habitation of a dwelling.
(2)
To pay the landlord for all rent in arrearage under the rental agreement,
and rent due for premature termination of the rental agreement by the tenant.
(3)
To pay for the last payment period of a residential rental agreement
where there is a written agreement between the landlord and the tenant that
stipulates the security deposit will serve as the last payment of rent due.
(4)
To reimburse the landlord for utility or sewer charges paid by the
landlord that:
(A)
are the obligation of the tenant under the rental agreement; and
(B)
are unpaid by the tenant.
IC
32-7-5-14:
In case of
damage to the rental unit or other obligation against the security deposit, the
landlord shall mail to the tenant, within forty-five (45) days after the
termination of occupancy, an itemized list of damages claimed for which the
security deposit may be used as provided in section 13 of this chapter,
including the estimated cost of repair for each damaged item and the amounts and
lease on which the landlord intends to assess the tenant. The list must be
accompanied by a check or money order for the difference between the damages
claimed and the amount of the security deposit held by the landlord.
IC
32-7-5-15:
Failure by the
landlord to comply with the notice of damages requirement within the forty-five
(45) days after the termination of occupancy constitutes agreement by the
landlord that no damages are due, and the landlord must remit to the tenant
immediately the full security deposit.
IC
32-7-5-16:
A landlord who
fails to provide a written statement within forty-five (45) days of termination
of the tenancy or the return of the appropriate security deposit is liable to
the tenant in an amount equal to the part of the deposit withheld by the
landlord, plus reasonable attorney's fees and court costs.
IC
32-7-5-17:
A waiver of
this chapter by a landlord or tenant, by contract or otherwise, is void.
IC
32-7-5-18:
(a)
The landlord, or any person authorized to enter into a rental agreement
on the landlord's behalf, shall disclose and furnish to the tenant in writing at
or before the commencement of the rental agreement the names and addresses of
the following:
(1)
A person residing in Indiana authorized to manage the dwelling unit.
(2)
A person residing in Indiana reasonably accessible to the tenant who is
authorized to act as agent for the owner for the purpose of service of process
and for the purpose of receiving and receipting for notices and demands. A
person authorized to manage under subdivision (1) may also be authorized to act
as agent under this subdivision.
(b)
This section is enforceable against any successor landlord, owner, or
manager.
(c)
A person who fails to comply with subsection (a) becomes an agent of each
person who is a landlord for the purpose of:
(1)
service of process and receiving and receipting for notices and demands;
and
(2)
performing the obligations of the landlord under law or the rental
agreement.
(d)
When the information required by subsection (a) is not disclosed at the
beginning of the rental agreement, the tenant shall be allowed any expenses
reasonably incurred to discover the names and addresses required to be
furnished.
IC
32-7-5-19:
(a)
Unless otherwise agreed, if a landlord conveys property that includes a
dwelling unit subject to a rental agreement in a good faith sale to a bona fide
purchaser, the landlord is relieved of liability under law or the rental
agreement as to events occurring after written notice to the tenant of the
conveyance. However, for one (1) year after giving that notice the landlord
remains liable to the tenant for the security deposit to which the tenant is
entitled under section 14 of this chapter unless:
(1)
the purchaser acknowledges that the purchaser has assumed the liability
of the seller by giving notice to the tenant; and
(2)
upon conveyance the seller transfers the security deposit to the
purchaser.
(b)
Unless otherwise agreed, a manager of a dwelling unit is relieved of any
liability the manager might have under law or the rental agreement as to events
occurring after written notice to the tenant of the termination of the manager's
management.
IC
32-7-6-1:
(a)
If a landlord is awarded possession of a dwelling unit by a court under
IC 32-6-1.5, the landlord may seek an order from the court allowing removal of a
tenant's personal property.
(b)
If the tenant fails to remove the tenant's personal property before the
date specified in the court's order issued under subsection (a), the landlord
may remove the tenant's personal property in accordance with the order and
deliver the personal property to a warehouseman under section 2 of this chapter.
IC
32-7-6-2:
(a)
As used in this chapter, "exempt property" means personal
property that is any of the following:
(1)
Medically necessary for an individual.
(2)
Used by a tenant for the tenant's trade or business.
(3)
Any of the following as necessary for the tenant or a member of the
tenant's household:
(A)
A week's supply of seasonably necessary clothing.
(B)
Blankets.
(C)
Items necessary for the care and schooling of a minor child.
(b)
If a tenant has failed to remove the tenant's personal property under
section 1 of this chapter, a landlord may deliver the personal property to a
warehouseman if notice of both of the following has been personally served on
the tenant at the last known address of the tenant:
(1)
An order for removal of personal property issued under section 1 of this
chapter.
(2)
The identity and location of the warehouseman.
(c)
At the demand of the owner of the exempt property, the warehouseman shall
release the exempt property to the owner, without requiring payment from the
owner at the time of delivery.
(d)
A waiver of the provisions of subsections (a) or (c) by contract or
otherwise is void.
IC
32-7-6-3:
(a)
A warehouseman that receives property under this chapter holds a lien on
all of that property that is not exempt property to the extent of the expenses
for any of the following incurred by the warehouseman with respect to all of the
property, whether exempt or not exempt:
(1)
Storage.
(2)
Transportation.
(3)
Insurance.
(4)
Labor.
(5)
Present or future charges related to the property.
(6)
Expenses necessary for preservation of the property.
(7)
Expenses reasonably incurred in the lawful sale of the property.
(b)
A tenant may claim the tenant's property at any time until the sale of
the property under section 4 of this chapter by paying the warehouseman the
expenses described in this section.
IC
32-7-6-4:
If a tenant
does not claim the tenant's property within ninety (90) days after receiving
notice under section 2 of this chapter, a warehouseman may sell under IC
26-1-7-210(2) property received under this chapter.
IC
32-7-7: Reserved.
Chapter
8: Rental Agreements; Rights of Access
to a Dwelling Unit and Tenant's Property
IC
32-7-8-1:
(a)
This chapter applies only to a rental agreement entered into or renewed
after June 30, 1999.
(b)
This chapter applies to a landlord or tenant only if the rental agreement
was entered into or renewed after June 30, 1999.
IC
32-7-8-2:
(a)
For purposes of this section, "tenant" includes a former
tenant.
(b)
A waiver of this chapter by a landlord or tenant, by contract or
otherwise, is void.
IC
32-7-8-3:
The
definitions in IC 32-7-5 apply throughout this chapter.
IC
32-7-8-4:
(a)
As used in this chapter, "dwelling unit" means a structure or
part of a structure that is used as a home, residence, or sleeping unit.
(b)
The term includes an apartment unit, a boarding house unit, a rooming
house unit, a manufactured home (as defined in IC 22-12-1-16) or mobile
structure (as defined in IC 22-12-1-17) used as a dwelling unit and the
manufactured home's or mobile structure's space, and a single or two (2) family
dwelling.
IC
32-7-8-5:
Unless
otherwise provided by a written rental agreement between a landlord and tenant,
a landlord shall give the tenant at least thirty (30) days written notice before
modifying the rental agreement.
IC
32-7-8-6:
Except as
provided in IC 16-41-27-29, IC 32-7-5, or IC 32-7-6, a landlord may not:
(1)
take possession of;
(2)
remove from a tenant's dwelling unit;
(3)
deny a tenant access to; or
(4)
dispose of;
a
tenant's personal property in order to enforce an obligation of the tenant to
the landlord under a rental agreement. The landlord and tenant may agree in a
writing separate from the rental agreement that the landlord may hold property
voluntarily tendered by the tenant as security in exchange for forbearance from
an action to evict.
IC
32-7-8-7:
(a)
This section does not apply if the dwelling unit has been abandoned.
(b)
For purposes of this section, a dwelling unit is considered abandoned if:
(1)
the tenants have failed to pay, or have failed to offer to pay, rent due
under the rental agreement; and
(2)
the circumstances are such that a reasonable person would conclude that
the tenants have surrendered possession of the dwelling unit.
An
oral or written rental agreement may not define abandonment differently than is
provided by this subsection.
(c)
Except as authorized by judicial order, a landlord may not deny or
interfere with a tenant's access to or possession of the tenant's dwelling unit
by commission of any act, including any of the following:
(1)
Changing the locks or adding a device to exclude the tenant from the
dwelling unit.
(2)
Removing the doors, windows, fixtures, or appliances from the dwelling
unit.
(3)
Interrupting, reducing, shutting off, or causing termination of
electricity, gas, water, or other essential services to the tenant unless the
interruption, shutting off, or termination results from an emergency, good faith
repairs, or necessary construction. This subdivision does not require a landlord
to pay for services described in this subdivision if the landlord has not
agreed, by an oral or written rental agreement, to do so.
(d)
A tenant may not interrupt, reduce, shut off, or cause termination of
electricity, gas, water, or other essential services to the dwelling unit if the
interruption, reduction, shutting off, or termination of the service will result
in serious damage to the rental unit.
IC
32-7-9-1:
The
definitions in IC 32-7-5 and IC 32-7-8 apply throughout this chapter.
IC
32-7-9-2:
The small
claims docket of a court has jurisdiction to grant an emergency possessory order
under this chapter.
IC
32-7-9-3:
The following
may file a petition for an emergency possessory order under this chapter:
(1)
A tenant, if the landlord has violated IC 32-7-8-7.
(2)
A landlord, if the tenant has committed, or threatens to commit, waste to
the rental unit.
IC
32-7-9-4:
A petition for
an order under this chapter must satisfy the following:
(1)
Include an allegation specifying both of the following:
(A)
The violation, act, or omission caused or threatened by a landlord or
tenant.
(B)
The nature of the specific immediate and serious injury, loss, or damage
that the landlord or tenant has suffered or will suffer if the violation, act,
or omission is not enjoined.
(3)
Be sworn to by the petitioner.
IC
32-7-9-5:
If a tenant or
a landlord petitions the court to issue an order under this chapter, the court
shall immediately do the following:
(1)
Review the petition.
(2)
Schedule an emergency hearing for not later than three (3) business days
after the petition is filed.
IC
32-7-9-6:
(a)
At the emergency hearing, if the court finds:
(1)
probable cause to believe that the landlord has violated or threatened to
violate IC 32-7-8-7; and
(2)
that the tenant will suffer immediate and serious injury, loss, or
damage;
the
court shall issue an emergency order under subsection (b).
(b)
If the court makes a finding under subsection (a), the court shall order
the landlord to do either or both of the following:
(1)
Return possession of the dwelling unit to the tenant if the tenant has
been deprived of possession of the dwelling unit.
(2)
Refrain from violating IC 32-7-8-7.
(c)
The court may make other orders that the court considers just under the
circumstances, including setting a subsequent hearing at the request of a party
to adjudicate related claims between the parties.
IC
32-7-9-7:
(a)
For purposes of this section, "waste" does not include failure
to pay rent.
(b)
At the emergency hearing, if the court finds:
(1)
probable cause to believe that the tenant has committed or threatens to
commit waste to the rental unit; and
(2)
that the landlord has suffered or will suffer immediate and serious
injury, loss, or damage;
the
court shall issue an order under subsection (c).
(c)
If the court makes a finding under subsection (b), the court shall order
the tenant to do either or both of the following:
(1)
Return possession of the dwelling unit to the landlord.
(2)
Refrain from committing waste to the dwelling unit.
(d)
The court may make other orders that the court considers just under the
circumstances, including setting a subsequent hearing at the request of a party
to adjudicate related claims between the parties.
IC
32-7-9-8:
(a)
When a petition is filed under this chapter, the clerk shall issue to the
respondent a summons to appear at a hearing that:
(1)
gives notice of the date, time, and place of the hearing; and
(2)
informs the respondent that the respondent must appear before the court
to answer the petition.
(b)
The clerk shall serve the respondent with the summons to appear in
accordance with Rule 4.1 of the Rules of Trial Procedure.
(c)
The court shall not grant a continuance of the emergency hearing except
upon clear and convincing evidence that manifest injustice would result if a
continuance were not granted.
IC
32-7-9-9:
If the court
sets a subsequent hearing under section 6(c) or 7(d) of this chapter, the court
may do the following at the subsequent hearing:
(1)
Determine damages.
(2)
Order return of a tenant's withheld property.
(3)
Make other orders the court considers just under the circumstances.
IC 32-7-9-10: The adjudication of an emergency possessory claim under section 6(b) or 7(c) of this chapter does not bar a subsequent claim a party may have against the other party arising out of the landlord and tenant relationship unless that claim has been adjudicated under section 9 of this chapter.