Indiana Statewide Rule
Indiana Preempts Local Just-Cause Eviction Requirements
Key Facts
- Governing law
- IC 32-31 statewide
- Month-to-month notice
- One month written (IC 32-31-1-1)
- Just cause required
- No, statewide
- Eviction procedure
- IC 32-30-2 court process
Summary
Indiana follows state landlord-tenant law under IC 32-31, which permits eviction on lease expiration or breach without requiring just cause. The state framework preempts attempts by cities to impose just-cause eviction requirements on private residential tenancies.
(b) A unit (as defined in IC 36-1-2-23) may not regulate rental rates for privately owned real property, through a zoning ordinance or otherwise, unless the regulation is authorized by an act of the general assembly. (c) A unit (as defined in IC 36-1-2-23) may not regulate, through an ordinance or otherwise, any of the following aspects of a landlord-tenant relationship with respect to privately owned real property located in the unit unless the regulation is authorized by an act of the general assembly: (1) The screening process used by a landlord in approving tenants to lease privately owned real property. (2) Security deposits. (3) Lease applications. (4) Leasing terms and conditions. (5) Disclosures concerning the: (A) property; (B) lease; or (C) rights and responsibilities of the parties; involved in a landlord-tenant relationship. (6) The rights of the parties to a lease. (7) Any fees charged by a landlord. Any ordinance or regulation that violates this subsection is void and unenforceable.
Full Breakdown
Indiana Code 32-31 governs residential landlord-tenant relationships statewide and does not require landlords to show cause for non-renewal at lease expiration. For month-to-month tenancies, IC 32-31-1-1 requires only one month's written notice to terminate. Landlords must still follow proper notice and judicial eviction procedures under IC 32-30-2 for nonpayment or breach, but no state law requires just cause for non-renewal. IC 32-31-1-20 bars local units from regulating the landlord-tenant relationship, including rental rates, unless the General Assembly authorizes it, making local just-cause ordinances legally vulnerable.
Violations & Penalties
Landlords must follow state notice and court eviction procedures; failure to provide proper notice voids the eviction action.
Frequently Asked Questions
Does Indiana require just cause to end a rental?
Can Indiana cities require just-cause eviction locally?
Sources
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