Indiana Rental Laws
| Termination for Nonpayment Notice (Eviction Notice) | 10-Day Notice |
| Termination for Lease Violation Notice | No statute Unconditional Quit Notice |
| Small Claim Court Limit | Indiana Small Claim Court Limit is $6,000, Marion County $8,000 |
| Handling Abandoned Property | Indiana Code § 32-31-4-1 |
| Penalty for Self-Help Eviction | No specified damages Indiana Code § 32-31-5-6 |
| Tenant Withholding Rent for Repairs | No statute |
| Required Disclosures | Owner or Agent Identity– Landlord must disclose in writing the name and address of the person residing in Indiana who is authorized to manage the property |
| Non-Refundable Fees | No statute |
| Security Deposit Rules | Security Deposit Amount: No Limit Deadline to Itemize and return deposit: 45 Days Indiana Code Title § 32-31-3-9 § 32-31-3-12and § 32-31-3-19 |
| Month-to-Month Notice | One Month |
| Payment of Rent | No grace period specified |
| Property Entry Notice | Reasonable Notice Indiana Code § 32-31-5-6 |
Handling Abandoned Property
IC 32-31-4
Chapter 4. Moving and Storage of Tenant’s Property
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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.
IC 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.
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.2.
IC 32-31-4-3
Delivery towarehousemanor 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.
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.3.
IC 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.
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.4.
IC 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).
As added by P.L.2-2002, SEC.16. Amended by P.L.143-2007,
SEC.77; P.L.115-2007, SEC.5.
Security Deposit
Indiana Code § 32-31-3-9
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 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.
Indiana Code § 32-31-3-12
Return of deposits; deductions; liability(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.
Indiana Code § 32-31-3-19
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.
