Ind. Code ch. 36-1-24

in effect

Ind. Code § 36-1-24-1 Applicability

Sec. 1. (a) This chapter does not apply to a unit that has adopted a zoning ordinance or any other ordinance before January 1, 2018, that prohibits, regulates, or restricts short term rentals in any manner. (b) Any reference in this chapter (except for this section) to a zoning ordinance or other ordinance does not apply to a zoning ordinance or other ordinance of a unit described in subsection (a). (c) A unit may amend or delete any provision of an ordinance described in subsection (a) after December 31, 2017, without complying with or becoming subject to this chapter. (d) A unit may repeal an ordinance described in subsection (a). However, in repealing the ordinance, the unit concurrently becomes subject to this chapter. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-2 "Owner"

Sec. 2. As used in this chapter, "owner" means a person that has an interest in title or a present possessory interest in property that is offered to the public as a short term rental. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-3 "Owner occupied short term rental property"

Sec. 3. As used in this chapter, "owner occupied short term rental property" means property that is the owner's primary residence and is offered to the public as a short term rental. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-4 "Permit"

Sec. 4. As used in this chapter, "permit" means a short term rental permit issued by a unit. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-5 "Permitted property"

Sec. 5. As used in this chapter, "permitted property" means a property that is subject to a valid, unexpired, unrevoked permit under this chapter. A permitted property may contain one (1) or more dwelling units offered as short term rentals. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-6 "Short term rental"

Sec. 6. (a) As used in this chapter, "short term rental" means the rental of: (1) a single family home; (2) a dwelling unit in a single family home; (3) a dwelling unit in a two-family or multifamily dwelling; or (4) a dwelling unit in a condominium, cooperative, or time share; for terms of less than thirty (30) days at a time through a short term rental platform. The term includes a detached accessory structure, including a guest house, or other living quarters that are intended for human habitation, if the entire property is designated for a single family residential use. (b) The term does not include property that is used for any nonresidential use. For purposes of section 1 of this chapter, the term does not include a private, owner occupied business with two (2) to ten (10) guest rooms where overnight accommodations and a morning meal are provided to the public for compensation and that is operated primarily as a business. As added by P.L.73-2018, SEC.1. Amended by P.L.157-2026, SEC.230.

Ind. Code § 36-1-24-7 "Short term rental platform"

Sec. 7. As used in this chapter, "short term rental platform" means an entity that: (1) provides a platform through which unaffiliated parties offer to rent a short term rental to an occupant; and (2) collects consideration for the rental from the occupant. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-8 Owner occupied short term rental property is a permitted residential use

Sec. 8. A short term rental of owner occupied short term rental property is a permitted residential use under any applicable zoning ordinance of a unit and may not be disallowed by any zoning ordinance (as defined in IC 36-7-1-22) in a zoning district or classification of a unit that permits residential use. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-9 Short term rental property that is not an owner occupied short term rental property; special exception; zoning variance

Sec. 9. (a) This section applies only to a short term rental property that is not an owner occupied short term rental property. (b) A unit may require a special exception, special use, or zoning variance for the short term rental property that is in a residential zoning district or classification of a unit. However, the unit may not interpret and enforce the unit's zoning regulations for a special exception, special use, or zoning variance in a manner that is intended or has the effect of prohibiting or unreasonably restricting short term rentals of property to which this section applies. Denial of a special exception, special use, or zoning variance for the short term rental property may be appealed in accordance with IC 36-7-4. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-10 Enforcement of laws that regulate, prohibit, or limit short term rentals

Sec. 10. A unit may enact or enforce a law or plan that regulates, prohibits, or limits short term rentals only for the following primary purposes: (1) Protection of the public's health and safety related to: (A) fire and building safety; (B) sanitation; (C) transportation; (D) traffic control; and (E) pollution control; if enforcement is performed in the same manner as enforcement that applies to similar properties that are not short term rentals. (2) Residential use and zoning related to: (A) noise; (B) protection of welfare; (C) property maintenance; and (D) nuisance issues; if enforcement is performed in the same manner as enforcement that applies to similar properties that are not short term rentals. (3) To limit or prohibit use of short term rentals for the following purposes: (A) To house sex offenders. (B) To operate a structured sober living home. (C) To manufacture, exhibit, distribute, or sell illegal drugs, liquor, pornography, or obscenity. (D) To operate an adult entertainment establishment (as defined in IC 12-7-2.1-7). (4) To limit or prohibit short term rentals located within the boundaries of a conservancy district established under IC 14-33. (5) To provide the unit with an emergency contact for a short term rental. As added by P.L.73-2018, SEC.1. Amended by P.L.145-2026, SEC.245.

Ind. Code § 36-1-24-11 Permits; application requirements

Sec. 11. (a) A unit may require an owner to obtain a permit for each property by adopting an ordinance that sets forth only the requirements of this chapter for obtaining a permit. A unit may require only one (1) permit for each single family home, two-family or multifamily dwelling, condominium, cooperative, or time share that an owner rents in whole or in part under this chapter. A permit covers all: (1) dwelling units; and (2) detached accessory structures; located on the permitted property that the owner offers to the public as a short term rental. (b) An owner must submit a permit application for each property for which a permit is sought. The permit application may require the owner to provide only the following information for each property: (1) The owner's name, street address, mailing address, electronic mail address (if applicable), and telephone number. If the owner is a corporation or partnership, the application must require the: (A) owner's state of incorporation or organization; and (B) names, residence addresses, and telephone numbers of the owner's principal officers or partners. (2) If a property manager is used, the property manager's name, street address, mailing address, electronic mail address (if applicable), and telephone number. (3) A short description of how each of the owner's short term rentals on the property are marketed or advertised, including the following: (A) The advertised occupancy limits of each short term rental. (B) Whether the short term rental is: (i) a single family home; (ii) a dwelling unit in a single family home; (iii) a dwelling unit in a two-family or multifamily dwelling; or (iv) a dwelling unit in a condominium, cooperative, or time share. (c) A permit application must be made by an owner. If the owner is a corporation, partnership, or other legal entity, the permit application must be made by an officer or agent of the owner. (d) Subject to section 16 of this chapter, if an owner submits a permit application under this section that meets the requirements set forth in the ordinance adopted by the unit, the unit shall issue a permit to the owner within thirty (30) days of receipt of the application. As added by P.L.73-2018, SEC.1. Amended by P.L.10-2019, SEC.134.

Ind. Code § 36-1-24-12 Duty to update permit information

Sec. 12. If any information provided by an owner to a unit in the permit application changes, the owner shall provide updated information to the unit in writing within thirty (30) business days. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-13 Expiration; authorization to charge a permit fee

Sec. 13. (a) A permit expires one (1) year after the date the permit is issued. (b) Except as provided in subsection (c), a unit may charge a permit fee, not to exceed one hundred fifty dollars ($150), for each of the following: (1) An initial permit issued to an owner for the permitted property. (2) The issuance of a subsequent permit to an owner for the permitted property after the owner's previous permit has been revoked. (c) A unit may not charge a permit fee for renewing a permit, including renewal of a permit that has expired. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-14 Revocation of a permit

Sec. 14. If three (3) or more citations for ordinance violations are issued to an owner for a permitted property within a calendar year, the unit may revoke the permit for that permitted property for a period of not more than one (1) year after the date the permit is revoked. The unit shall provide notice and a hearing for revocation in accordance with the unit's ordinance. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-15 Notice and hearing procedures for revocation

Sec. 15. If a unit revokes a permit under this chapter, revocation of the permit shall be conducted under the notice and hearing procedures of the unit for revocation of other permits issued by the unit. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-16 Application for permit when previous permit was revoked

Sec. 16. An owner may apply for a permit for a short term rental for which a previous permit of the owner was revoked by the unit. However, a new permit may not be issued until any outstanding fines are paid for ordinance violation citations issued to the owner with regard to use of the short term rental. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-17 Permits; nontransferable to a new owner

Sec. 17. If an owner sells all or part of a permitted property, the permit may not be transferred to the new owner. The new owner must submit an application for a new permit. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-18 Violations; Class C infraction

Sec. 18. (a) An owner that rents a short term rental without obtaining a valid permit from a unit that adopts an ordinance under this chapter commits a Class C infraction. (b) Each short term rental transaction that the short term rental provider completes without a short term rental permit constitutes a separate violation of this section. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-19 Scope of this chapter

Sec. 19. This chapter does not affect, prohibit, preempt, or render unenforceable any property or use restrictions contained in properly enacted rules or regulations of a: (1) homeowners association; (2) condominium association; (3) lake owners association; or (4) similar property owners association or cooperative. As added by P.L.73-2018, SEC.1.

Ind. Code § 36-1-24-20 Notice of potential tax liability

Sec. 20. This section is intended as notice to an owner as defined in section 2 of this chapter. An owner of short term rental property who makes a short term rental in which payments for the room, lodging, or other accommodation are not made through a marketplace facilitator (as defined by IC 6-2.5-1-21.9) may be liable for collecting and remitting the following taxes on consideration received by the owner for the short term rental: (1) State gross retail tax imposed under IC 6-2.5-4-4. (2) Innkeeper's tax imposed under IC 6-9. As added by P.L.108-2019, SEC.245.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026