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Indiana Code

Ind. Code § 32-31-6-7 (2026)

Waste

✓ current as of May 2026
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     Sec. 7. (a) As used in this section, "waste" does not include failure to pay rent.

     (b) At the emergency hearing, if the court finds:

(1) by a preponderance of the evidence that the tenant has committed or threatens to commit waste to the rental unit; and

(2) that the landlord has suffered or will suffer immediate and serious:

(A) injury;

(B) loss; or

(C) damage;

the court shall issue an order under subsection (c).

     (c) If the court makes a finding under subsection (b), the court shall order the tenant to do either or both of the following:

(1) Return possession of the dwelling unit to the landlord.

(2) Refrain from committing waste to the dwelling unit.

     (d) The court may make other orders that the court considers just under the circumstances, including setting a subsequent hearing at the request of a party to adjudicate related claims between the parties.

[Pre-2002 Recodification Citation: 32-7-9-7.]

As added by P.L.2-2002, SEC.16. Amended by P.L.157-2025, SEC.3.

 

Notes of Decisions
Cited in 1 case, 2016–2016 · leading case: Eric P. Hewitt v. Buckingham Mgmt., LLC (mem. dec.), No. 71A04-1507-PL-812 (Ind. Ct. App. Jan. 19, 2016).
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Eric P. Hewitt v. Buckingham Mgmt., LLC (mem. dec.), No. 71A04-1507-PL-812 (Ind. Ct. App. Jan. 19, 2016). · cites it 2× “Code § 32-31-6-3 (emergency possession requirements), Ind. Code § 32-31-6-7 (definition of “waste”), Ind.”
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