Ind. Code ch. 32-31-1

in effect

Ind. Code § 32-31-1-1 Determination of estates at will

Sec. 1. (a) A tenancy at will may be determined by a one (1) month notice in writing, delivered to the tenant. (b) A tenancy at will cannot arise or be created without an express contract. [Pre-2002 Recodification Citations: 32-7-1-1; 32-7-1-2 part.] As added by P.L.2-2002, SEC.16.

Ind. Code § 32-31-1-2 Creation of tenancy at will month to month

Sec. 2. A general tenancy in which the premises are occupied by the express or constructive consent of the landlord is considered to be a tenancy from month to month. However, this section does not apply to land used for agricultural purposes. [Pre-2002 Recodification Citation: 32-7-1-2 part.] As added by P.L.2-2002, SEC.16.

Ind. Code § 32-31-1-3 Determination of year to year tenancy

Sec. 3. A tenancy from year to year may be determined by a notice given to the tenant not less than three (3) months before the expiration of the year. [Pre-2002 Recodification Citation: 32-7-1-3 part.] As added by P.L.2-2002, SEC.16.

Ind. Code § 32-31-1-4 Notice; determination of tenancy

Sec. 4. (a) This section applies to a tenancy of not more than three (3) months which, by express or implied agreement of the parties, extends from one (1) period to another. (b) Notice to the tenant equal to the interval between the periods is sufficient to determine a tenancy described in subsection (a). [Pre-2002 Recodification Citation: 32-7-1-3 part.] As added by P.L.2-2002, SEC.16.

Ind. Code § 32-31-1-5 Form; notice determining tenancy from year to year

Sec. 5. The following form of notice may be used to terminate a tenancy from year to year: (insert date here) To (insert name of tenant here): You are notified to vacate at the expiration of the current year of tenancy the following property: (insert description of property here). (insert name of landlord here) [Pre-2002 Recodification Citation: 32-7-1-4.] As added by P.L.2-2002, SEC.16.

Ind. Code § 32-31-1-6 Rent; refusal or neglect to pay

Sec. 6. If a tenant refuses or neglects to pay rent when due, a landlord may terminate the lease with not less than ten (10) days notice to the tenant unless: (1) the parties otherwise agreed; or (2) the tenant pays the rent in full before the notice period expires. [Pre-2002 Recodification Citation: 32-7-1-5.] As added by P.L.2-2002, SEC.16.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 32-31-1-23 Death or incapacitation of a tenant

Sec. 23. (a) If a landlord knows of the death of a tenant who, at the time of death, was the sole occupant of the dwelling unit under a lease, the landlord: (1) shall notify a tenant's representative of the death; (2) shall give the tenant's representative access to the premises at a reasonable time to remove any personal property from the unit and other personal property of the tenant elsewhere on the premises; (3) may require the tenant's representative to prepare and sign an inventory of the property being removed; and (4) shall pay the tenant's representative the deceased tenant's security deposit and unearned rent to which the tenant would otherwise have been entitled under IC 32-31-3-12. (b) If a landlord believes that a tenant, who is the sole occupant of the dwelling unit under a lease, is incapacitated and absent from the dwelling unit, the landlord: (1) shall notify a tenant's representative of the tenant's possible incapacity; (2) shall give the tenant's representative access to the premises at a reasonable time to remove any personal property from the unit and other personal property of the tenant elsewhere on the premises; (3) may require the tenant's representative to prepare and sign an inventory of the property being removed; and (4) shall pay the tenant's representative the incapacitated tenant's security deposit and unearned rent to which the tenant would otherwise have been entitled under IC 32-31-3-12. (c) Any of the following persons, in decreasing order of priority, may accept an appointment and serve as a tenant's representative under this article: (1) A person designated by the tenant in a written document delivered to the landlord. (2) A person designated, in writing, by the tenant in a written lease between the tenant and the landlord. (3) An attorney in fact named by the tenant in a power of attorney during the tenant's lifetime. (4) A temporary guardian or guardian of the person of a tenant. (5) A tenant's heir. (6) A person selected and appointed by a probate court upon a petition by any interested person under this section. If a dispute exists between two (2) or more persons claiming to be a tenant's representative, the probate court's decision controls after a hearing held upon notice to the interested persons. (d) A person who is authorized to serve as a tenant's representative under subsection (c) accepts appointment by: (1) providing written notice to the tenant's landlord of the tenant representative's acceptance of appointment; and (2) if the tenant is appointed under subsection (c)(6), complying with the conditions stated in the probate court's order. (e) The authority of a deceased tenant's heir, a deceased tenant's attorney in fact, a temporary guardian, or a guardian of the person to act under this article terminates when the heir, the guardian, or the landlord knows that: (1) a personal representative has been appointed for the deceased tenant's estate; (2) a tenant's attorney in fact is acting on the living tenant's behalf; or (3) a guardian has been appointed for the living incapacitated tenant's property. (f) A landlord that complies with this section is not liable: (1) to the tenant, if the tenant is living; (2) to the tenant's estate, if the tenant is deceased; or (3) to any other person that has a claim or interest in the personal property removed from the premises, unearned rent, or security deposit. (g) A landlord that willfully violates subsection (a) or (b) is liable: (1) to the tenant, if the tenant is living; or (2) to the tenant's estate, if the tenant is deceased; for actual damages. (h) In addition to the rights provided in this section, the tenant's representative has the incapacitated or deceased tenant's rights and responsibilities under IC 32-31-4. As added by P.L.184-2021, SEC.10.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/32Fetched: 10/17/2026