Title 32, PROPERTY

Sec. 5. (a) As used in this section, "lender" refers to: (1) an individual; (2) a supervised financial organization (as defined in IC 26-1-4-102.5); (3) an insurance company or a pension fund; or (4) any other entity that has the authority to make loans. (b) The recorder shall re…

Sec. 6. (a) A person may enforce a lien by filing a complaint in the circuit or superior court of the county where the real estate or property that is the subject of the lien is situated. The complaint must be filed not later than one (1) year after: (1) the date the statement an…

Sec. 7. (a) A person whose lien is recorded under this chapter may be a party to an action to enforce a lien. (b) The court may, by judgment, direct a sale of the land and building for the satisfaction of the liens and costs. The sale shall not prejudice the rights of: (1) a prio…

Sec. 8. If the proceeds of the sale of the property subject to a lien are insufficient to pay all the claimants, the court shall order the claimants to be paid in proportion to the amount due each claimant. [Pre-2002 Recodification Citation: 32-8-3-8.] As added by P.L.2-2002, SEC…

Sec. 9. (a) This section applies to a: (1) subcontractor; (2) lessor leasing construction and other equipment and tools, regardless of whether an operator is also provided by the lessor; (3) journeyman; or (4) laborer; employed or leasing any equipment or tools used by the lessee…

Sec. 1. The release of a mortgage, lease, or other instrument required by law to be recorded written upon the margin, or upon the record, of any mortgage in Indiana by the party authorized to release the mortgage is not a valid release of the mortgage, lease, or other instrument …

Sec. 1. (a) This section applies to all actions: (1) in ejectment; or (2) for the recovery of possession of real estate. (b) At the time of filing a complaint or at any time before judgment, a plaintiff may file with the clerk of the court in which the action is filed or pending …

Sec. 10. If the property is in the possession or control of the defendant or the defendant's agent, the executing officer shall take the property into custody and remove the occupants from the property not earlier than forty-eight (48) hours after the order of possession is serve…

Sec. 11. The executing officer shall return the order of possession with the proceedings endorsed on the order to the court in which the action is pending not more than five (5) days after taking into custody the property described in the order. [Pre-2002 Recodification Citation:…

Sec. 12. A final judgment supersedes any: (1) prejudgment order for possession; (2) temporary restraining order; or (3) order temporarily changing possession of property; issued under this chapter. [Pre-2002 Recodification Citation: 32-6-1.5-12.] As added by P.L.2-2002, SEC.15.…

Sec. 13. Any person having a right to: (1) recover the possession of; or (2) quiet title to; real estate in the name of any other person has a right to recover possession or quiet title in the person's own name. An action may not be defeated or reversed if the plaintiff could hav…

Sec. 14. (a) This section applies to the following proceedings brought in a state court concerning real estate or any interest in real estate located in Indiana: (1) An action to: (A) quiet or determine title to; (B) obtain title or possession of; or (C) partition; real estate. (…

Sec. 15. Section 14 of this chapter may not be construed to contravene or repeal any other Indiana law concerning title to real estate or suits or actions affecting title to real estate. Section 14 of this chapter supplements laws existing on April 26, 1915. [Pre-2002 Recodificat…

Sec. 16. (a) In a suit to quiet title to real estate in a state court, the plaintiff shall serve: (1) all resident and nonresident defendants whose residence is known; and (2) all defendants whose residence is unknown. (b) Service on a known defendant by: (1) the defendant's indi…

Sec. 17. (a) The clerk of a court shall enter in the civil order book all orders and decrees in any suit to quiet the title to real estate. After a court enters final judgment in a proceeding, the clerk shall certify a copy of the final judgment. The clerk shall include the costs…

Sec. 18. (a) A nonresident who, if alive, would be entitled to take and to own real estate in Indiana by descent or devise is presumed dead if the following conditions are met: (1) The nonresident has been absent from the nonresident's last place of residence in any other state o…

Sec. 19. (a) A person who claims real estate under section 18 of this chapter may file a verified complaint in the circuit or superior court of the county in which the real estate is located. The complaint must: (1) name as a defendant the nonresident who is presumed dead under s…

Sec. 2. (a) Upon the filing of an affidavit described in section 1 of this chapter, the clerk shall issue an order for a time fixed by the judge directing the defendant to appear to controvert the affidavit or to show cause why the judge should not remove the defendant from the p…

Sec. 20. (a) A resident householder in Indiana who may claim real estate owned by the householder exempt from sale on execution may quiet the title to the real estate against any judgment or lien. (b) The complaint in an action described in subsection (a) must state the following…

Sec. 21. At the hearing under section 20 of this chapter, the court shall determine the value of the householder's interest in the real estate and shall set forth this amount in the decree quieting the title to the real estate. While the householder owns the real estate, the amou…

Sec. 3. After reviewing the complaint, affidavits, and other evidence or testimony, the court may issue an order for possession before the hearing if probable cause appears that: (1) the property is in immediate danger of destruction, serious harm, or sale to an innocent purchase…

Sec. 4. (a) If a court issues an order of possession under section 3 of this chapter, the defendant or other person from whom possession of the property has been taken may apply to the court for an order shortening the time for hearing on the order to show cause. The court may sh…

Sec. 5. (a) After the hearing on the order to show cause, the court shall: (1) consider the pleadings, evidence, and testimony presented at the hearing; and (2) determine with reasonable probability which party is entitled to possession, use, and enjoyment of the property. The co…

Sec. 6. A court may not issue an order of possession in favor of a plaintiff other than an order of final judgment until the plaintiff has filed with the court a written undertaking in an amount fixed by the court and executed by a surety to be approved by the court binding the p…

Sec. 7. The court shall direct the order of possession to the sheriff or other officer charged with executing the order and within whose jurisdiction the property is located. The order of possession must: (1) describe the property; (2) direct the executing officer to: (A) seize p…

Sec. 8. (a) Before the hearing on the order to show cause or before final judgment, and within the time fixed in the order of possession, the defendant may require the return of possession of the property by filing with the court a written undertaking executed by a surety to be a…

Sec. 9. (a) If a defendant or the defendant's attorney is in open court when the court issues the order of possession, a copy of the order shall be delivered to the defendant and the delivery noted in the order book. (b) If the defendant and the defendant's attorney are not prese…

Sec. 1.1. Rental agreements entered into before July 1, 1989, remain valid and may be terminated, completed, consummated, or enforced as though this chapter had not been enacted. As added by P.L.16-2009, SEC.31.

Sec. 10. As used in this chapter, "tenant" means an individual who occupies a rental unit: (1) for residential purposes; (2) with the landlord's consent; and (3) for consideration that is agreed upon by both parties. [Pre-2002 Recodification Citation: 32-7-5-10.] As added by P.L.…

Sec. 11. (a) The following courts have original and concurrent jurisdiction in cases arising under this chapter: (1) A circuit court. (2) A superior court. (3) A municipal court. (4) A small claims court. (b) A case arising under this chapter may be filed on the small claims dock…

Sec. 12. (a) Upon termination of a rental agreement, a landlord shall return to the tenant the security deposit minus any amount applied to: (1) the payment of accrued rent; (2) the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant…

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 t…

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) …

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 re…

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: 32-7-5-1…

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 …

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.

Sec. 18. (a) A landlord or a person authorized to enter into a rental agreement on behalf of the landlord shall disclose and furnish to the tenant in writing at or before the commencement of the rental agreement the names and addresses of the following: (1) A person residing in I…

Sec. 19. (a) Unless otherwise agreed, if a landlord conveys, in a good faith sale to a bona fide purchaser, property that includes a dwelling unit subject to a rental agreement, the landlord is relieved of liability under law or the rental agreement as to events occurring after w…

Sec. 2. As used in this chapter, "cooperative housing association" means a consumer cooperative that provides dwelling units to its members. [Pre-2002 Recodification Citation: 32-7-5-2.] As added by P.L.2-2002, SEC.16.

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:…

Sec. 4. (a) As used in this chapter, "owner" means one (1) or more persons in whom is vested all or part of the legal title to property. (b) The term includes a mortgagee or contract purchaser in possession. [Pre-2002 Recodification Citation: 32-7-5-4.] As added by P.L.2-2002, SE…

Sec. 5. As used in this chapter, "person" means an individual, a corporation, an association, a partnership, a governmental entity, a trust, an estate, or any other legal or commercial entity. [Pre-2002 Recodification Citation: 32-7-5-5.] As added by P.L.2-2002, SEC.16.

Sec. 6. As used in this chapter, "rent" includes all payments made to a landlord under a rental agreement except a security deposit, however denominated. [Pre-2002 Recodification Citation: 32-7-5-6.] As added by P.L.2-2002, SEC.16.

Sec. 7. (a) As used in this chapter, "rental agreement" means an agreement together with any modifications, embodying the terms and conditions concerning the use and occupancy of a rental unit. (b) The term includes an agreement, regardless of what the agreement is called, that s…

Sec. 8. As used in this chapter, "rental unit" means: (1) a structure, or the part of a structure, that is used as a home, residence, or sleeping unit by: (A) one (1) individual who maintains a household; or (B) two (2) or more individuals who maintain a common household; or (2) …