32-31-3-13. Use of Deposits
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. (2) To pay the landlord for: (A) all rent in arrearage under the rental agreement; and […]
32-31-5-3. “Dwelling Unit” Defined
Sec. 3. (a) As used in this chapter, “dwelling unit” means a structure or part of a structure that is used as a home, residence, or sleeping unit. (b) The term includes the following: (1) An apartment unit. (2) A boarding house unit. (3) A rooming house unit. (4) A manufactured home (as defined in […]
32-31-3-13.5. Use of Motor Vehicle Liens as Security
Sec. 13.5. A landlord may not require, but may accept, a lien on a motor vehicle that is owned by a tenant as a security deposit or to secure the payment of rent by the tenant. If a landlord accepts a lien on a motor vehicle as security under this section, the landlord must: (1) […]
32-31-5-4. Written Notice Required to Modify Rental Agreement
Sec. 4. Unless otherwise provided by a written rental agreement between a landlord and tenant, a landlord shall give the tenant at least thirty (30) days written notice before modifying the rental agreement. [Pre-2002 Recodification Citation: 32-7-8-5.] As added by P.L.2-2002, SEC.16.
32-31-3-14. Notice of Damages; Refund of Remaining Deposits
Sec. 14. Not more than forty-five (45) days after the termination of occupancy, a landlord shall mail to a tenant an itemized list of damages claimed for which the security deposit may be used under section 13 of this chapter. The list must set forth: (1) the estimated cost of repair for each damaged item; […]
32-31-5-5. Tenant’s Personal Property
Sec. 5. (a) Except as provided in IC 16-41-27-29, IC 32-31-3, or IC 32-31-4, a landlord may not: (1) take possession of; (2) remove from a tenant’s dwelling unit; (3) deny a tenant access to; or (4) dispose of; a tenant’s personal property in order to enforce an obligation of the tenant to the landlord […]
32-31-3-15. Remittance of Full Deposit
Sec. 15. Failure by a landlord to provide notice of damages under section 14 of this chapter constitutes agreement by the landlord that no damages are due, and the landlord must remit to the tenant immediately the full security deposit. [Pre-2002 Recodification Citation: 32-7-5-15.] As added by P.L.2-2002, SEC.16.
32-31-3-16. Liability for Withheld Deposits
Sec. 16. A landlord who fails to comply with sections 14 and 15 of this chapter 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. [Pre-2002 Recodification Citation: 32-7-5-16.] As added by P.L.2-2002, SEC.16.
32-31-3-17. Waiver of Chapter
Sec. 17. A waiver of this chapter by a landlord or tenant is void. [Pre-2002 Recodification Citation: 32-7-5-17.] As added by P.L.2-2002, SEC.16.
32-31-3-3. “Landlord” Defined
Sec. 3. As used in this chapter, “landlord” means: (1) the owner, lessor, or sublessor of a rental unit or the property of which the unit is a part; or (2) a person authorized to exercise any aspect of the management of the premises, including a person who directly or indirectly: (A) acts as a […]