reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-7. Forms; Notice to Quit; Failure or Refusal to Pay Rent

Sec. 7. The following form of notice may be used when a tenant fails or refuses to pay rent:
(insert date here)
To (insert name of tenant here):
You are notified to vacate the following property not more than ten (10) days after you receive this notice unless you pay the rent due on the property within ten (10) days: (insert description of property here).
(insert name of landlord here)
[Pre-2002 Recodification Citation: 32-7-1-6.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-8. Notice to Quit; When Not Necessary

Sec. 8. Notice is not required to terminate a lease in the following situations:
(1) The landlord agrees to rent the premises to the tenant for a specified period of time.
(2) The time for the determination of the tenancy is specified in the contract.
(3) A tenant at will commits waste.
(4) The tenant is a tenant at sufferance.
(5) The express terms of the contract require the tenant to pay the rent in advance, and the tenant refuses or neglects to pay the rent in advance.
(6) The landlord-tenant relationship does not exist.
[Pre-2002 Recodification Citation: 32-7-1-7.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-9. Service of Notices

Sec. 9. (a) Notice required under sections 1 through 7 of this chapter may be served on the tenant.
(b) If the tenant cannot be found, notice may be served on a person residing at the premises. The person serving the notice must explain the contents of the notice to the person being served.
(c) If a person described in subsection (b) is not found on the premises, notice may be served by affixing a copy of the notice to a conspicuous part of the premises.
[Pre-2002 Recodification Citation: 32-7-1-8.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-10. Conveyance by Landlord

Sec. 10. A conveyance by a landlord of real estate or of any interest in the real estate is valid without the attornment of the tenant. If the tenant pays rent to the landlord before the tenant receives notice of the conveyance, the rent paid to the landlord is good against the grantee.
[Pre-2002 Recodification Citation: 32-7-1-9.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-11. Attornment of Tenant to Stranger

Sec. 11. The attornment of a tenant to a stranger is void and does not affect the possession of the landlord unless:
(1) the landlord consents to the attornment; or
(2) the attornment is made under a judgment at law or the order or decree of a court.
[Pre-2002 Recodification Citation: 32-7-1-10.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-12. Sublessees; Remedy Against Landlord

Sec. 12. A sublessee has the same remedy under the original lease against the chief landlord as the sublessee would have had against the immediate lessor.
[Pre-2002 Recodification Citation: 32-7-1-11.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-13. Alienees of Lessors and Lessees; Remedies

Sec. 13. An alienee of a lessor or lessee of land has the same legal remedies in relation to the land as the lessor or lessee.
[Pre-2002 Recodification Citation: 32-7-1-12.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-14. Rents; Land Granted for Life

Sec. 14. Rents from lands granted for life or lives may be recovered as other rents.
[Pre-2002 Recodification Citation: 32-7-1-13.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-15. Rents; Dependency on Life of Another; Recovery of Arrears

Sec. 15. A person entitled to rents dependent on the life of another person may recover arrears unpaid at the death of the other person.
[Pre-2002 Recodification Citation: 32-7-1-14.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-16. Rents; Executors and Administrators; Remedies and Liabilities

Sec. 16. An executor or administrator of the estate of a decedent, whether a testator or intestate:
(1) has the same remedies to recover rents; and
(2) is subject to the same liabilities to pay rents;
as the decedent.
[Pre-2002 Recodification Citation: 32-7-1-15.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-17. Occupant Without Special Contract; Liability for Rent

Sec. 17. An occupant of land without special contract is liable for the rent to any person entitled to receive the rent.
[Pre-2002 Recodification Citation: 32-7-1-16.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-18. Death of Life Tenant Demising Land; Recovery of Rent

Sec. 18. If a life tenant who has demised any lands dies on or after the day on which rent is due and payable, the executor or administrator of the life tenant's estate may recover from the under tenant the whole rent due. If the life tenant dies before the day on which rent is due:
(1) the executor or administrator of the life tenant's estate may recover the proportion of rent that accrued before; and
(2) the remainderman may recover the proportion of rent that accrued after;
the life tenant's death.
[Pre-2002 Recodification Citation: 32-7-1-17.]
As added by P.L.2-2002, SEC.16. Amended by P.L.1-2003, SEC.86.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-19. Crop Paid as Rent

Sec. 19. (a) In a case where a tenant agrees under contract to pay as rent:
(1) a part of the crop raised on the leased premises;
(2) rent in kind; or
(3) a cash rent;
the landlord may have a lien on the crop raised under the contract for payment of the rent. If the tenant refuses or neglects to pay or deliver to the landlord the rent when it is due, the landlord may enforce the lien by selling the crop.
(b) A landlord who desires to acquire a lien on a crop raised under a contract on leased premises must file a financing statement under IC 26-1-9.1-501 at least thirty (30) days before the crop matures and during the year in which the crop is grown. The financing statement must:
(1) give notice of the landlord's intention to hold a lien upon the crop for the amount of rent due;
(2) specifically set forth the amount claimed; and
(3) describe the lands on which the crop is being grown with sufficient precision to identify the lands.
(c) A lien created under this section relates to the time of filing and has priority over all liens created thereafter. However, a tenant may, after giving written notice to the landlord or the landlord's agent, remove the tenant's portion of the crop from the leased premises and dispose of the tenant's portion of the crop when the rent is to be paid in part of the crop raised. If the tenant does not give written notice to the landlord, the tenant may remove not more than one-half (1/2) of the crop growing or matured.
[Pre-2002 Recodification Citation: 32-7-1-18.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-20. Local Units Prohibited From Regulating Rental Rates and Landlord-Tenant Relationship

Sec. 20. (a) Subject to IC 36-1-3-8.5, 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) A unit (as defined in IC 36-1-2-23) may not regulate rental rates for privately owned real property, through a zoning ordinance or otherwise, unless the regulation is authorized by an act of the general assembly.
(c) A unit (as defined in IC 36-1-2-23) may not regulate, through an ordinance or otherwise, any of the following aspects of a landlord-tenant relationship with respect to privately owned real property located in the unit unless the regulation is authorized by an act of the general assembly:
(1) The screening process used by a landlord in approving tenants to lease privately owned real property.
(2) Security deposits.
(3) Lease applications.
(4) Leasing terms and conditions.
(5) Disclosures concerning the:
(A) property;
(B) lease; or
(C) rights and responsibilities of the parties;
involved in a landlord-tenant relationship.
(6) The rights of the parties to a lease.
(7) Any fees charged by a landlord.
Any ordinance or regulation that violates this subsection is void and unenforceable.
[Pre-2002 Recodification Citation: 32-7-1-19.]
As added by P.L.2-2002, SEC.16. Amended by P.L.266-2017, SEC.1; P.L.168-2020, SEC.17; P.L.215-2021, SEC.1.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-21. Disclosure of Structure in Flood Plain

Sec. 21. (a) This section applies to rental agreements entered into or renewed after June 30, 2009, for residential, agricultural, and commercial property.
(b) If the lowest floor of a structure, including a basement, that is the subject of a rental agreement is at or below the one hundred (100) year frequency flood elevation, as determined by:
(1) the department of natural resources;
(2) the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps; or
(3) FEMA approved local flood plain maps;
the landlord shall clearly disclose in a landlord-tenant rental agreement that the structure is located in a flood plain.
As added by P.L.27-2009, SEC.1.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-21.1. Disclosure of Property Near a Military Installation

Sec. 21.1. (a) This section applies only to a lease entered into or renewed after June 30, 2023, for real property that is:
(1) assessed as residential or commercial land under the real property assessment rules and guidelines of the department of local government finance; or
(2) used for educational, literary, scientific, religious, or charitable purposes by a nonprofit corporation, organization, or association exempt from federal income taxation under Section 501 of the Internal Revenue Code.
(b) The lessor shall disclose in the lease that:
(1) the property 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 property to promote compatibility with military installation operations.
As added by P.L.43-2023, SEC.2.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 1. General Provisions › 32-31-1-22. Requests for Law Enforcement or Emergency Assistance; Political Subdivisions Prohibited From Imposing Penalties for Requests Believed Necessary to Prevent Abuse, Crime, or Emergency; Exceptions

Sec. 22. (a) The definitions in IC 32-31-3 apply throughout this section.
(b) As used in this section, "penalty" refers to any of the following:
(1) The assessment of a penalty, fine, or fee.
(2) Actual or threatened eviction from a rental unit, or the causing of an actual or threatened eviction from a rental unit.
(c) As used in this section, "political subdivision" has the meaning set forth in IC 36-1-2-13.
(d) Except as provided in subsection (e), a political subdivision may not adopt or enforce any ordinance, rule, or regulation that imposes a penalty, or allows for the imposition of a penalty, against a tenant, an owner, or a landlord for a contact made to request law enforcement assistance or other emergency assistance for one (1) or more rental units if:
(1) the contact is made by or on behalf of:
(A) a victim or potential victim of abuse;
(B) a victim or potential victim of a crime; or
(C) an individual in an emergency; and
(2) either of the following applies:
(A) At the time the contact is made, the person making the contact reasonably believes that law enforcement assistance or other emergency assistance is necessary to prevent the perpetration or escalation of abuse, a crime, or an emergency.
(B) If abuse, a crime, or an emergency occurs, the law enforcement assistance or other emergency assistance was needed.
(e) Subject to subsections (f) and (g), this section does not prohibit a political subdivision from adopting or enforcing an ordinance, a rule, or a regulation that imposes a penalty for a contact that:
(1) is made to request law enforcement assistance or other emergency assistance; and
(2) is not made by or on behalf of:
(A) a victim or potential victim of abuse;
(B) a victim or potential victim of a crime; or
(C) an individual in an emergency.
(f) If:
(1) a political subdivision imposes a penalty under an ordinance, a rule, or a regulation authorized by subsection (e); and
(2) the prohibited contact to request law enforcement assistance or other emergency assistance is made by a tenant in a rental unit;
the penalty imposed must be assessed against the tenant of the rental unit and not against the landlord or owner of the rental unit.
(g) Any penalty that is assessed under an ordinance, a rule, or a regulation authorized by subsection (e) may not exceed two hundred fifty dollars ($250).
(h) Nothing in this section shall be construed to prevent a housing authority established under IC 36-7-18 from enforcing rights or remedies established by contract or federal law against a landlord or owner of a rental unit.
(i) Nothing in this section shall be construed to prevent an attorney representing a city, county, or town from bringing a nuisance action described under IC 32-30-6-7(b) against a landlord or owner of a rental unit.
As added by P.L.266-2017, SEC.2. Amended by P.L.86-2018, SEC.227.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 2. Recording Leases Longer Than Three Years › 32-31-2-1. Necessity of Recording

Sec. 1. (a) This section does not apply to any lease that is entered into by the Indiana department of transportation under IC 8-23-2.
(b) Not more than forty-five (45) days after its execution, a lease of real estate for a period longer than three (3) years shall be recorded in the Miscellaneous Record in the recorder's office of the county in which the real estate is located.
[Pre-2002 Recodification Citation: 32-7-2-1 part.]
As added by P.L.2-2002, SEC.16. Amended by P.L.14-2019, SEC.5.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 2. Recording Leases Longer Than Three Years › 32-31-2-2. Failure to Record Lease; Effect

Sec. 2. (a) This section does not apply to any lease that is entered into by the Indiana department of transportation under IC 8-23-2.
(b) If a lease for a period longer than three (3) years is not recorded within forty-five (45) days after its execution, the lease is void against any subsequent purchaser, lessee, or mortgagee who acquires the real estate in good faith and for valuable consideration.
[Pre-2002 Recodification Citation: 32-7-2-1 part.]
As added by P.L.2-2002, SEC.16. Amended by P.L.14-2019, SEC.6.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 2.9. Application of Residential Landlord-Tenant Statutes › 32-31-2.9-2. "Residential Landlord-Tenant Statute"

Sec. 2. As used in this chapter, "residential landlord-tenant statute" refers to any of the following:
(1) IC 32-31-3.
(2) IC 32-31-4.
(3) IC 32-31-5.
(4) IC 32-31-6.
(5) IC 32-31-7.
(6) IC 32-31-8.
(7) IC 32-31-8.5.
(8) IC 32-31-9.
(9) IC 32-31-10.
(10) IC 32-31-11.
As added by P.L.29-2003, SEC.1. Amended by P.L.22-2007, SEC.1; P.L.164-2022, SEC.1.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 2.9. Application of Residential Landlord-Tenant Statutes › 32-31-2.9-3. Applicability of Residential Landlord-Tenant Statutes

Sec. 3. The residential landlord-tenant statutes apply to rental agreements for dwelling units located in Indiana.
As added by P.L.29-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 2.9. Application of Residential Landlord-Tenant Statutes › 32-31-2.9-4. Inapplicability of Residential Landlord-Tenant Statutes

Sec. 4. The residential landlord-tenant statutes do not apply to any of the following arrangements unless the arrangement was created to avoid application of the residential landlord-tenant statutes:
(1) Residence at a rental unit owned or operated by an institution that is directly related to detention or the provision of medical care, maternity home care, education, counseling, religious service, geriatric service, or a similar service.
(2) Occupancy under a contract of sale of a rental unit or the property of which the rental unit is a part if the occupant is the purchaser or a person who succeeds to the purchaser's interest. However, the residential landlord-tenant statutes apply to occupancy of a rental unit under a rental agreement described in IC 32-31-3-7(b).
(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 other 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.
As added by P.L.29-2003, SEC.1. Amended by P.L.62-2008, SEC.1.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 2.9. Application of Residential Landlord-Tenant Statutes › 32-31-2.9-5. Application of Other Statutes

Sec. 5. This chapter does not limit the application of a statute that is not a residential landlord-tenant statute to a residential landlord-tenant relationship if the statute would otherwise be applicable to the relationship.
As added by P.L.29-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-1.1. Validity of Certain Rental Agreements

Sec. 1.1. Rental agreements entered into before July 1, 1989, remain valid and may be terminated, completed, consummated, or enforced as though this chapter had not been enacted.
As added by P.L.16-2009, SEC.31.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-2. "Cooperative Housing Association" Defined

Sec. 2. As used in this chapter, "cooperative housing association" means a consumer cooperative that provides dwelling units to its members.
[Pre-2002 Recodification Citation: 32-7-5-2.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-3. "Landlord" Defined

Sec. 3. As used in this chapter, "landlord" means:
(1) the owner, lessor, or sublessor of a rental unit or the property of which the unit is a part; or
(2) a person authorized to exercise any aspect of the management of the premises, including a person who directly or indirectly:
(A) acts as a rental agent; or
(B) receives rent or any part of the rent other than as a bona fide purchaser.
[Pre-2002 Recodification Citation: 32-7-5-3.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-4. "Owner" Defined

Sec. 4. (a) As used in this chapter, "owner" means one (1) or more persons in whom is vested all or part of the legal title to property.
(b) The term includes a mortgagee or contract purchaser in possession.
[Pre-2002 Recodification Citation: 32-7-5-4.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-5. "Person" Defined

Sec. 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.
[Pre-2002 Recodification Citation: 32-7-5-5.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-6. "Rent" Defined

Sec. 6. As used in this chapter, "rent" includes all payments made to a landlord under a rental agreement except a security deposit, however denominated.
[Pre-2002 Recodification Citation: 32-7-5-6.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-7. "Rental Agreement" Defined

Sec. 7. (a) As used in this chapter, "rental agreement" means an agreement together with any modifications, embodying the terms and conditions concerning the use and occupancy of a rental unit.
(b) The term includes an agreement, regardless of what the agreement is called, that satisfies the following:
(1) The agreement is entered into after June 30, 2008.
(2) The agreement provides for a rental period, explicitly or implicitly, regardless of the term of the rental period.
(3) The agreement contains an option to purchase.
[Pre-2002 Recodification Citation: 32-7-5-7.]
As added by P.L.2-2002, SEC.16. Amended by P.L.62-2008, SEC.2.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-8. "Rental Unit" Defined

Sec. 8. As used in this chapter, "rental unit" means:
(1) a structure, or the part of a structure, that is used as a home, residence, or sleeping unit by:
(A) one (1) individual who maintains a household; or
(B) two (2) or more individuals who maintain a common household; or
(2) any grounds, facilities, or area promised for the use of a residential tenant, including the following:
(A) An apartment unit.
(B) A boarding house.
(C) A rooming house.
(D) A mobile home space.
(E) A single or two (2) family dwelling.
[Pre-2002 Recodification Citation: 32-7-5-8.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-9. "Security Deposit" Defined

Sec. 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 all or a part of the term of the rental agreement to secure performance of any obligation of the tenant under the rental agreement.
(b) The term 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 a condition as required by the rental agreement.
(c) 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 that 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.
[Pre-2002 Recodification Citation: 32-7-5-9.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-10. "Tenant" Defined

Sec. 10. As used in this chapter, "tenant" means an individual who occupies a rental unit:
(1) for residential purposes;
(2) with the landlord's consent; and
(3) for consideration that is agreed upon by both parties.
[Pre-2002 Recodification Citation: 32-7-5-10.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-11. Jurisdiction of Courts

Sec. 11. (a) The following courts have original and concurrent jurisdiction in cases arising under this chapter:
(1) A circuit court.
(2) A superior court.
(3) A municipal court.
(4) A small claims court.
(b) A case arising under this chapter may be filed on the small claims docket of a court that has jurisdiction.
[Pre-2002 Recodification Citation: 32-7-5-11.]
As added by P.L.2-2002, SEC.16. Amended by P.L.201-2011, SEC.13.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-12. Return of Deposits; Deductions; Liability

Sec. 12. (a) Upon termination of a rental agreement, a landlord shall return to the tenant the security deposit minus any amount applied to:
(1) the payment of accrued rent;
(2) the amount of damages that the landlord has suffered 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 with the amount due in a written notice that is delivered to the tenant not more than forty-five (45) days after termination of the rental agreement and delivery of possession. The landlord is not liable under this chapter until the tenant supplies the landlord in writing with a mailing address to which to deliver the notice and amount prescribed by this subsection. Unless otherwise agreed, a tenant is not entitled to apply a security deposit to rent.
(b) If a landlord fails to comply with subsection (a), a 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.
[Pre-2002 Recodification Citation: 32-7-5-12.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-13. Use of Deposits

Sec. 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.
(2) To pay the landlord for:
(A) all rent in arrearage under the rental agreement; and
(B) 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 if a written agreement between the landlord and the tenant stipulates that 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 are:
(A) the obligation of the tenant under the rental agreement; and
(B) unpaid by the tenant.
[Pre-2002 Recodification Citation: 32-7-5-13.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-13.5. Use of Motor Vehicle Liens as Security

Sec. 13.5. A landlord may not require, but may accept, a lien on a motor vehicle that is owned by a tenant as a security deposit or to secure the payment of rent by the tenant. If a landlord accepts a lien on a motor vehicle as security under this section, the landlord must:
(1) file or record the lien under IC 32-33; and
(2) comply with the requirements of IC 32-31-3 concerning security deposits;
in order to enforce the lien.
As added by P.L.47-2012, SEC.1.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-14. Notice of Damages; Refund of Remaining Deposits

Sec. 14. Not more than forty-five (45) days after the termination of occupancy, a landlord shall mail to a tenant an itemized list of damages claimed for which the security deposit may be used under section 13 of this chapter. The list must set forth:
(1) the estimated cost of repair for each damaged item; and
(2) the amounts and lease on which the landlord intends to assess the tenant.
The landlord shall include with the list a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord.
[Pre-2002 Recodification Citation: 32-7-5-14.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-15. Remittance of Full Deposit

Sec. 15. Failure by a landlord to provide notice of damages under section 14 of this chapter constitutes agreement by the landlord that no damages are due, and the landlord must remit to the tenant immediately the full security deposit.
[Pre-2002 Recodification Citation: 32-7-5-15.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-16. Liability for Withheld Deposits

Sec. 16. A landlord who fails to comply with sections 14 and 15 of this chapter 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.
[Pre-2002 Recodification Citation: 32-7-5-16.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-17. Waiver of Chapter

Sec. 17. A waiver of this chapter by a landlord or tenant is void.
[Pre-2002 Recodification Citation: 32-7-5-17.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-18. Disclosure of Managers and Agents

Sec. 18. (a) A landlord or a person authorized to enter into a rental agreement on behalf of the landlord 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 who is authorized to manage the dwelling unit.
(2) A person residing in Indiana who is reasonably accessible to the tenant and who is authorized to act as agent for the owner for purposes of:
(A) service of process; and
(B) receiving and receipting for notices and demands.
A person who is identified as being authorized to manage under subdivision (1) may also be identified as the person authorized to act as agent under subdivision (2).
(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 purposes 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) If 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.
[Pre-2002 Recodification Citation: 32-7-5-18.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 3. Security Deposits › 32-31-3-19. Sale of Property; Liability for Deposits; Exceptions

Sec. 19. (a) Unless otherwise agreed, if a landlord conveys, in a good faith sale to a bona fide purchaser, property that includes a dwelling unit subject to a rental agreement, 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 notice of the conveyance, 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.
[Pre-2002 Recodification Citation: 32-7-5-19.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 4. Moving and Storage of Tenant's Property › 32-31-4-1. "Exempt Property" Defined

Sec. 1. 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.
[Pre-2002 Recodification Citation: 32-7-6-2(a).]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 4. Moving and Storage of Tenant's Property › 32-31-4-1.5. "Storage Facility" Defined

Sec. 1.5. As used in this chapter, "storage facility" means any location approved by a court for storage of a tenant's personal property under section 2(e) of this chapter.
As added by P.L.115-2007, SEC.1.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 4. Moving and Storage of Tenant's Property › 32-31-4-2. Liability; Abandoned Property; Court Order Allowing Removal by Landlord

Sec. 2. (a) A landlord has no liability for loss or damage to a tenant's personal property if the tenant's personal property has been abandoned by the tenant.
(b) For purposes of this section, a tenant's personal property is considered abandoned if a reasonable person would conclude that the tenant has vacated the premises and has surrendered possession of the personal property.
(c) An oral or a written rental agreement may not define abandonment differently than is provided in subsection (b).
(d) If a landlord is awarded possession of a dwelling unit by a court under IC 32-30-2, the landlord may seek an order from the court allowing removal of a tenant's personal property.
(e) If the tenant fails to remove the tenant's personal property before the date specified in the court's order issued under subsection (d), the landlord may remove the tenant's personal property in accordance with the order and deliver the personal property to a warehouseman under section 3 of this chapter or to a storage facility approved by the court.
[Pre-2002 Recodification Citation: 32-7-6-1.]
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.2.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 4. Moving and Storage of Tenant's Property › 32-31-4-3. Delivery to Warehouseman or Storage Facility After Notice to Tenant; Release of Exempt Property

Sec. 3. (a) If a tenant has failed to remove the tenant's personal property under section 2 of this chapter, a landlord may deliver the personal property to a warehouseman or to a storage facility 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 2 of this chapter.
(2) The identity and location of the warehouseman or the storage facility.
(b) At the demand of the owner of the exempt property, the warehouseman or storage facility shall release the exempt property to the owner without requiring payment from the owner at the time of delivery.
(c) A waiver of the provisions of section 1 of this chapter or subsection (b) by contract or otherwise is void.
[Pre-2002 Recodification Citations: 32-7-6-2(b); 32-7-6-2(c); 32-7-6-2(d).]
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.3.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 4. Moving and Storage of Tenant's Property › 32-31-4-4. Lien on Nonexempt Property for Expenses Incurred by Warehouseman or Storage Facility

Sec. 4. (a) A warehouseman or storage facility 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 or storage facility 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 5 of this chapter by paying the warehouseman or storage facility the expenses described in this section.
[Pre-2002 Recodification Citation: 32-7-6-3.]
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.4.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 4. Moving and Storage of Tenant's Property › 32-31-4-5. Sale of Unclaimed Property

Sec. 5. If a tenant does not claim the tenant's property within ninety (90) days after receiving notice under section 3 of this chapter, a warehouseman or storage facility may sell the property received under this chapter under IC 26-1-7-210(b).
[Pre-2002 Recodification Citation: 32-7-6-4.]
As added by P.L.2-2002, SEC.16. Amended by P.L.143-2007, SEC.77; P.L.115-2007, SEC.5.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 5. Rental Agreements; Right of Access › 32-31-5-1. Applicability of Chapter

Sec. 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.
(c) A waiver of this chapter by a landlord or tenant, including a former tenant, by contract or otherwise, is void.
[Pre-2002 Recodification Citations: 32-7-8-1; 32-7-8-2.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 5. Rental Agreements; Right of Access › 32-31-5-2. Applicability of Definitions

Sec. 2. Except as otherwise provided in this chapter, the definitions in IC 32-31-3 apply throughout this chapter.
[Pre-2002 Recodification Citation: 32-7-8-3.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 5. Rental Agreements; Right of Access › 32-31-5-3. "Dwelling Unit" Defined

Sec. 3. (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 the following:
(1) An apartment unit.
(2) A boarding house unit.
(3) A rooming house unit.
(4) A manufactured home (as defined in IC 22-12-1-16) or mobile structure (as defined in IC 22-12-1-17) and the space occupied by the manufactured home or mobile structure.
(5) A single or two (2) family dwelling.
[Pre-2002 Recodification Citation: 32-7-8-4.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 5. Rental Agreements; Right of Access › 32-31-5-4. Written Notice Required to Modify Rental Agreement

Sec. 4. 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.
[Pre-2002 Recodification Citation: 32-7-8-5.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 5. Rental Agreements; Right of Access › 32-31-5-5. Tenant's Personal Property

Sec. 5. (a) Except as provided in IC 16-41-27-29, IC 32-31-3, or IC 32-31-4, 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.
(b) 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.
[Pre-2002 Recodification Citation: 32-7-8-6.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 5. Rental Agreements; Right of Access › 32-31-5-6. Landlord Prohibited From Interfering With Access, Possession, or Essential Services; Unit Entry by Landlord

Sec. 6. (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:
(A) pay; or
(B) 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 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 any of the following to a tenant:
(A) Electricity.
(B) Gas.
(C) Water.
(D) Other essential services.
However, the landlord may interrupt, shut off, or terminate service as the result of 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:
(1) electricity;
(2) gas;
(3) water; or
(4) 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.
(e) A tenant may not unreasonably withhold consent to the tenant's landlord to enter the tenant's dwelling unit in order to:
(1) inspect the dwelling unit;
(2) make necessary or agreed to:
(A) repairs;
(B) decorations;
(C) alterations; or
(D) improvements;
(3) supply necessary or agreed to services; or
(4) exhibit the dwelling unit to prospective or actual:
(A) purchasers;
(B) mortgagees;
(C) tenants;
(D) workers; or
(E) contractors.
(f) A landlord may enter the dwelling unit:
(1) without notice to the tenant in the case of an emergency that threatens the safety of the occupants or the landlord's property; and
(2) without the consent of the tenant:
(A) under a court order; or
(B) if the tenant has abandoned or surrendered the dwelling unit.
(g) A landlord:
(1) shall not abuse the right of entry or use a right of entry to harass a tenant;
(2) shall give a tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit; and
(3) may enter a tenant's dwelling unit only at reasonable times.
[Pre-2002 Recodification Citation: 32-7-8-7.]
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.6.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 5. Rental Agreements; Right of Access › 32-31-5-7. Written Acknowledgement by Tenant

Sec. 7. (a) At the time a landlord delivers a rental unit to a tenant, the landlord shall require the tenant to acknowledge in writing that the rental unit is equipped with a functional smoke detector.
(b) A landlord and a tenant may not waive, in a rental agreement or a separate writing, the requirements under IC 22-11-18-3.5 concerning smoke detectors.
As added by P.L.17-2008, SEC.4.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 6. Emergency Possessory Orders › 32-31-6-1. Applicability of Definitions

Sec. 1. The definitions in IC 32-31-3 and IC 32-31-5 apply throughout this chapter.
[Pre-2002 Recodification Citation: 32-7-9-1.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 6. Emergency Possessory Orders › 32-31-6-2. Small Claims Jurisdiction

Sec. 2. The small claims docket of a court has jurisdiction to grant an emergency possessory order under this chapter.
[Pre-2002 Recodification Citation: 32-7-9-2.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 6. Emergency Possessory Orders › 32-31-6-3. Eligibility to File Petition

Sec. 3. The following may file a petition for an emergency possessory order under this chapter:
(1) A tenant, if the landlord has violated IC 32-31-5-6.
(2) A landlord, if the tenant has committed or threatens to commit waste to the rental unit.
[Pre-2002 Recodification Citation: 32-7-9-3.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 6. Emergency Possessory Orders › 32-31-6-4. Petition Requirements

Sec. 4. A petition for an order under this chapter must:
(1) include an allegation specifying:
(A) the violation, act, or omission caused or threatened by a landlord or tenant; and
(B) The nature of the specific immediate and serious:
(i) injury;
(ii) loss; or
(iii) damage;
that the landlord or tenant has suffered or will suffer if the violation, act, or omission is not enjoined; and
(2) be sworn to by the petitioner.
[Pre-2002 Recodification Citation: 32-7-9-4.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 6. Emergency Possessory Orders › 32-31-6-5. Court Review; Emergency Hearing

Sec. 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.
[Pre-2002 Recodification Citation: 32-7-9-5.]
As added by P.L.2-2002, SEC.16.
2023 Indiana Code › Title 32. Property › Article 31. Landlord-Tenant Relations › Chapter 6. Emergency Possessory Orders › 32-31-6-6. Emergency Order

Sec. 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 32-31-5-6; 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 32-31-5-6.
(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.
[Pre-2002 Recodification Citation: 32-7-9-6.]
As added by P.L.2-2002, SEC.16.