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The following excerpts and compilation from state law may not reflect some recent amendments. The best source for current information are the links we provide to state government web sites.
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 32-7-5-12
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 32-7-1-1
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 32-7-1-19
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. |