Indiana Code Title 32 Article 7
Landlord-Tenant Relations
- Chapter 1. General Provisions
- Chapter 2. Recording Leases Longer Than Three Years
- Chapter 3. Repealed (Repealed by P.L.1-1990, SEC.293.)
- Chapter 4. Repealed (Repealed by Acts 1978, P.L.2, SEC.3207.)
- Chapter 5. Security Deposits
- Section 32-7-1-1
Estates at will may be determined by ...
- Section 32-7-1-2
A tenancy at will can not arise or be ...
- Section 32-7-1-3
All tenancies from year to year, may be ...
- Section 32-7-1-4
The following form of notice, or one ...
- Section 32-7-1-5
If a tenant refuses or neglects to pay ...
- Section 32-7-1-6
The following form of notice, or one ...
- Section 32-7-1-7
Where the landlord agrees with the ...
- Section 32-7-1-8
Notice as required in sections 1 ...
- Section 32-7-1-9
A conveyance of real estate, or of any ...
- Section 32-7-1-10
The attornment of a tenant to a ...
- Section 32-7-1-11
Sublessees shall have the same remedy ...
- Section 32-7-1-12
Alienees of lessors and lessees of ...
- Section 32-7-1-13
Rents from lands granted for life or ...
- Section 32-7-1-14
A person entitled to rents dependent ...
- Section 32-7-1-15
Executors and administrators shall ...
- Section 32-7-1-16
The occupant, without special ...
- Section 32-7-1-17
When a tenant for life who shall have ...
- Section 32-7-1-18
(a) In all cases where a tenant ...
- Section 32-7-1-19
(a) This section does not apply to ...
- Section 32-7-2-1
Every lease of real estate for a longer ...
(Repealed by P.L.1-1990, SEC.293.)
(Repealed by Acts 1978, P.L.2, SEC.3207.)
- Section 32-7-5-1
(a) This chapter applies to rental ...
- Section 32-7-5-2
As used in this chapter, "cooperative ...
- Section 32-7-5-3
As used in this chapter, "landlord" ...
- Section 32-7-5-4
As used in this chapter, "owner" means ...
- Section 32-7-5-5
As used in this chapter, "person" means ...
- Section 32-7-5-6
As used in this chapter, "rent" ...
- Section 32-7-5-7
As used in this chapter, "rental ...
- Section 32-7-5-8
As used in this chapter, "rental unit" ...
- Section 32-7-5-9
(a) As used in this chapter, "security ...
- Section 32-7-5-10
As used in this chapter, "tenant" ...
- Section 32-7-5-11
(a) The following courts have ...
- Section 32-7-5-12
(a) Upon termination of a rental ...
- Section 32-7-5-13
A security deposit may be used only ...
- Section 32-7-5-14
In case of damage to the rental unit ...
- Section 32-7-5-15
Failure by the landlord to comply ...
- Section 32-7-5-16
A landlord who fails to provide a ...
- Section 32-7-5-17
A waiver of this chapter by a ...
- Section 32-7-5-18
(a) The landlord, or any person ...
- Section 32-7-5-19
(a) Unless otherwise agreed, if a ...
Indiana Code 32-7-1-1
Enacted 1881, Amended 1881
IC 32-7-1-1 Sec. 1. Estates at will may be determined by
one (1) month's notice in writing, delivered to the tenant.
(Formerly: Acts 1881(ss), c.72, s.1.)
Indiana Code 32-7-1-2
Enacted 1881, Amended 1927
IC 32-7-1-2 Sec. 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.
(Formerly: Acts 1881(ss), c.72, s.2; Acts 1927, c.87, s.1.)
Indiana Code 32-7-1-3
Enacted 1881, Amended 1881
IC 32-7-1-3 Sec. 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.
(Formerly: Acts 1881(ss), c.72, s.3.)
Indiana Code 32-7-1-4
Enacted 1881, Amended 1881
IC 32-7-1-4 Sec. 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
(Formerly: Acts 1881(ss), c.72, s.4.)
Indiana Code 32-7-1-5
Enacted 1881, Amended 1881
IC 32-7-1-5 Sec. 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.
(Formerly: Acts 1881(ss), c.72, s.5.)
Indiana Code 32-7-1-6
Enacted 1881, Amended 1881
IC 32-7-1-6 Sec. 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.
(Formerly: Acts 1881(ss), c.72, s.6.)
Indiana Code 32-7-1-7
Enacted 1881, Amended 1881
IC 32-7-1-7 Sec. 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.
(Formerly: Acts 1881(ss), c.72, s.7.)
Indiana Code 32-7-1-8
Enacted 1881, Amended 1982
IC 32-7-1-8 Sec. 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.
(Formerly: Acts 1881(ss), c.72, s.8.) As amended by Acts
1982, P.L.187, SEC.57.
Indiana Code 32-7-1-9
Enacted 1881, Amended 1881
IC 32-7-1-9 Sec. 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.
(Formerly: Acts 1881(ss), c.72, s.9.)
Indiana Code 32-7-1-10
Enacted 1881, Amended 1881
IC 32-7-1-10 Sec. 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.
(Formerly: Acts 1881(ss), c.72, s.10.)
Indiana Code 32-7-1-11
Enacted 1881, Amended 1881
IC 32-7-1-11 Sec. 11. Sublessees shall have the same remedy
upon the original covenants against the chief landlord, as they
might have had against their immediate lessor.
(Formerly: Acts 1881(ss), c.72, s.11.)
Indiana Code 32-7-1-12
Enacted 1881, Amended 1881
IC 32-7-1-12 Sec. 12. Alienees of lessors and lessees of
land shall have the same legal remedies in relation to such
lands as their principals.
(Formerly: Acts 1881(ss), c.72, s.12.)
Indiana Code 32-7-1-13
Enacted 1881, Amended 1881
IC 32-7-1-13 Sec. 13. Rents from lands granted for life or
lives may be recovered as other rents.
(Formerly: Acts 1881(ss), c.72, s.13.)
Indiana Code 32-7-1-14
Enacted 1881, Amended 1881
IC 32-7-1-14 Sec. 14. A person entitled to rents dependent
on the life of another, may recover arrears unpaid at the death
of such other person.
(Formerly: Acts 1881(ss), c.72, s.14.)
Indiana Code 32-7-1-15
Enacted 1881, Amended 1881
IC 32-7-1-15 Sec. 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.
(Formerly: Acts 1881(ss), c.72, s.15.)
Indiana Code 32-7-1-16
Enacted 1881, Amended 1881
IC 32-7-1-16 Sec. 16. The occupant, without special
contract, of any lands, shall be liable for the rent to, any
person entitled thereto.
(Formerly: Acts 1881(ss), c.72, s.16.)
Indiana Code 32-7-1-17
Enacted 1881, Amended 1881
IC 32-7-1-17 Sec. 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.
(Formerly: Acts 1881(ss), c.72, s.17.)
Indiana Code 32-7-1-18
Enacted 1881, Amended 1986
IC 32-7-1-18 Sec. 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 Indiana Code 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.
(Formerly: Acts 1881(ss), c.72, s.18; Acts 1923, c.144,
s.1.) As amended by P.L.98-1986, SEC.5.
Indiana Code 32-7-1-19
Enacted 1993, Amended 1993
IC 32-7-1-19 Sec. 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.
As added by P.L.234-1993, SEC.1.
Indiana Code 32-7-2-1
Enacted 1897, Amended 1897
IC 32-7-2-1 Sec. 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.
(Formerly: Acts 1897, c.106, s.1.)
Indiana Code 32-7-5-1
Enacted 1989, Amended 1990
IC 32-7-5-1 Sec. 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.
As added by P.L.277-1989, SEC.1. Amended by P.L.117-1990, C.4.
Indiana Code 32-7-5-2
Enacted 1989, Amended 1989
IC 32-7-5-2 Sec. 2. As used in this chapter, "cooperative
housing association" means a consumer cooperative that provides
dwelling units to its members.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-3
Enacted 1989, Amended 1989
IC 32-7-5-3 Sec. 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-4
Enacted 1989, Amended 1989
IC 32-7-5-4 Sec. 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-5
Enacted 1989, Amended 1989
IC 32-7-5-5 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-6
Enacted 1989, Amended 1989
IC 32-7-5-6 Sec. 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-7
Enacted 1989, Amended 1989
IC 32-7-5-7 Sec. 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-8
Enacted 1989, Amended 1989
IC 32-7-5-8 Sec. 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-9
Enacted 1989, Amended 1989
IC 32-7-5-9 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 the term of the rental
agreement, or any part of the term, 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-10
Enacted 1989, Amended 1989
IC 32-7-5-10 Sec. 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-11
Enacted 1989, Amended 1989
IC 32-7-5-11 Sec. 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-12
Enacted 1989, Amended 1989
IC 32-7-5-12 Sec. 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 subsection
until supplied by the tenant 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-13
Enacted 1989, Amended 1989
IC 32-7-5-13 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 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-14
Enacted 1989, Amended 1989
IC 32-7-5-14 Sec. 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-15
Enacted 1989, Amended 1989
IC 32-7-5-15 Sec. 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-16
Enacted 1989, Amended 1989
IC 32-7-5-16 Sec. 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-17
Enacted 1989, Amended 1989
IC 32-7-5-17 Sec. 17. A waiver of this chapter by a
landlord or tenant, by contract or otherwise, is void.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-18
Enacted 1989, Amended 1989
IC 32-7-5-18 Sec. 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.
As added by P.L.277-1989, SEC.1.
Indiana Code 32-7-5-19
Enacted 1989, Amended 1989
IC 32-7-5-19 Sec. 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.
As added by P.L.277-1989, SEC.1.