| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Indiana?
In Indiana, the landlord has a right to enter a rental property for the following reasons:
- Inspecting the property.
- Improvements (including decorations).
- Maintenance and repairs.
- Showing the property to potential renters and buyers.
- Emergencies.
Can a Landlord Enter Without Permission in Indiana?
Indiana landlords can only legally enter a rental property without the tenant’s permission by court order, or if the renter has already abandoned or surrendered the property. The landlord can’t enter without permission even in emergencies, unless the tenant is completely unavailable for consultation.
Can a Landlord Enter Without the Tenant Present in Indiana?
Indiana landlords can legally enter a rental property without the tenant present, as long as the tenant has given permission for entry.
Can a Landlord Show a House While Occupied in Indiana?
Indiana landlords can show an occupied house. The renter can’t unreasonably refuse.
How Often Can Landlords Conduct Routine Inspections in Indiana?
Indiana landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Indiana?
Indiana landlords must provide reasonable notice outside of emergency situations. What’s reasonable depends on the circumstances. As a general rule, a minimum of 24 hours is reasonable notice unless there’s a specific reason for a lesser amount.
Can a Landlord Enter Without Notice in Indiana?
Indiana landlords can only enter without notice during emergencies.
How Can Landlords Notify Tenants of an Intention To Enter in Indiana?
Landlords in Indiana can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Indiana?
Indiana tenants can refuse entry for unreasonable timing, an invalid reason, or insufficiently reasonable notice. However, a tenant who unreasonably refuses a valid entry request may be subject to a lawsuit.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Indiana?
Indiana landlords must deliver a notice to comply when the tenant illegally refuses entry. If the tenant continues to refuse after notice, the landlord can then file a lawsuit and get an injunction and/or monetary costs and damages, including court costs and attorney fees.
Can a Tenant Change the Locks Without Permission in Indiana?
Indiana tenants generally can’t change locks without permission. Certain victims of assault can do so when the landlord doesn’t change locks after being asked. If even victims of a crime have to ask permission before they can go ahead with a permission-free lock change, this implies other tenants require permission.
What Can a Tenant Do If the Landlord Enters Illegally in Indiana?
Indiana tenants must deliver a notice of noncompliance to the landlord after an illegal entry. If the landlord doesn’t correct any related issues within a reasonable time, the tenant may take any of the following actions:
- Get a court order to ban the landlord from entering.
- Recover court costs and attorney fees from the landlord.
- Recover cost of actual and consequential damages.
Sources
- 1 Ind. Code § 32-31-5-6(e) (2022)
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“A tenant may not unreasonably withhold consent to the tenant’s landlord to enter the tenant’s dwelling unit in order to: (1) inspect the dwelling unit; (2) make necessary or agreed to: (A) repairs; (B) decorations; (C) alterations; or (D) improvements; (3) supply necessary or agreed to services; or (4) exhibit the dwelling unit to prospective or actual: (A) purchasers; (B) mortgagees; (C) tenants; (D) workers; or (E) contractors.”
Source Link - 2 Ind. Code § 32-31-5-6(f) & (g) (2022)
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“(f) A landlord may enter the dwelling unit: (1) without notice to the tenant in the case of an emergency that threatens the safety of the occupants or the landlord’s property; and (2) without the consent of the tenant: (A) under a court order; or (B) if the tenant has abandoned or surrendered the dwelling unit.
“(g) A landlord: (1) shall not abuse the right of entry or use a right of entry to harass a tenant; (2) shall give a tenant reasonable written or oral notice of the landlord’s intent to enter the dwelling unit; and (3) may enter a tenant’s dwelling unit only at reasonable times.
Source Link - 3 Ind. Code § 32-31-7-7(b), (c), & (f) (2022)
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“(b) Except as provided in subsection (c), a landlord may not bring an action under this chapter unless the following conditions are met: (1) The landlord gives the tenant notice of the tenant’s noncompliance with a provision of this chapter. (2) The tenant has been given a reasonable amount of time to remedy the noncompliance.
“(c) If the noncompliance has caused physical damage that the landlord has repaired, the landlord shall give notice specifying the repairs that the landlord has made and documenting the landlord’s cost to remedy the condition described in the notice. …
“(f) If the landlord is the prevailing party in an action under this section, the landlord may obtain any of the following, if appropriate under the circumstances: (1) Recovery of the following: (A) Actual damages. (B) Attorney’s fees and court costs. (2) Injunctive relief. (3) Any other remedy appropriate under the circumstances.”
Source Link - 4 Ind. Code § 32-31-9-11 (2022)
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See generally Ind. Code § 32-31-9-11 (2022) (“If a landlord fails to change the locks… the tenant may change the locks without the landlord’s permission… If a tenant changes the locks of the tenant’s dwelling unit under subsection (b) [change without permission], the tenant shall give a key to the new locks to the landlord not later than twenty-four (24) hours after the locks are changed.”)
Source Link - 5 Id. Code § 32-31-8-6(d) & (e) (2022)
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“(d) If the tenant is the prevailing party in an action under this section, the tenant may obtain any of the following, if appropriate under the circumstances: (1) Recovery of the following: (A) Actual damages and consequential damages. (B) Attorney’s fees and court costs. (2) Injunctive relief. (3) Any other remedy appropriate under the circumstances.
“(e) A landlord’s liability for damages under subsection (d) begins when: (1) the landlord has notice or actual knowledge of noncompliance; and (2) the landlord has: (A) refused to remedy the noncompliance; or (B) failed to remedy the noncompliance within a reasonable amount of time following the notice or actual knowledge; whichever occurs first.”
Source Link
