2014 Indiana Code TITLE 32. PROPERTY ARTICLE 31. LANDLORD-TENANT RELATIONS CHAPTER 1. GENERAL PROVISIONS
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IC 32-31
ARTICLE 31. LANDLORD-TENANT RELATIONS
IC 32-31-1
Chapter 1. General Provisions
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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).
As added by P.L.2-2002, SEC.16.
IC 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)
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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)
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 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.
As added by P.L.2-2002, SEC.16. Amended by P.L.1-2003, SEC.86.
IC 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.
As added by P.L.2-2002, SEC.16.
IC 32-31-1-20
Privately owned real property; regulation of rental rates
Sec. 20. (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.2-2002, SEC.16.
IC 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.
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