Renting a home that was foreclosed in Indiana: your rights

Your rights as a renter in Indiana, in order

1. The federal floor: 90 days and your lease

   From the new owner's written notice

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant must get written notice at least 90 days before having to move. A lease signed before the foreclosure runs to its end unless the buyer will live in the home, and that buyer must still give 90 days' notice. Section 8 voucher holders get extra protection. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702; 42 U.S.C. § 1437f(o)(7)

2. Ask in writing who to pay

   As soon as you learn of the sale

   Indiana law requires a landlord to give you, in writing, the name and address of an Indiana person who manages the home and one who can receive notices, and this duty carries over to a successor owner. Ask the new owner in writing for that information and where to send rent, keep paying as your lease requires, and keep every receipt.

   Ind. Code § 32-31-3-18

3. Month to month tenants

   One month under state law, 90 days under federal law

   Indiana law lets a month to month tenancy be ended with one month's written notice. After a foreclosure, the federal 90 days is longer and applies to bona fide tenants, so the longer period controls.

   Ind. Code §§ 32-31-1-1, 32-31-1-2

4. No lockouts or utility shutoffs

   Any time before a court order

   Unless a court orders it, a landlord cannot change the locks, remove doors or appliances, or cut off electricity, gas, water or other essential services to force you out. If that happens, you can ask the court for an emergency possessory order.

   Ind. Code §§ 32-31-5-6, 32-31-6-3

5. The new owner must go to court

   Hearing at least 5 business days after you are served

   If you stay past a valid move-out date, the owner has to file a court case for possession. If it asks for possession before judgment, the court sets a hearing no earlier than 5 business days after you are served, and you can file papers and testify. Go to every hearing, because the judge can rule against you if you do not appear.

   Ind. Code §§ 32-30-3-1, 32-30-3-2

6. Getting your security deposit back

   Within 45 days after you move out

   A landlord must mail you an itemized list of damages and any remaining deposit within 45 days after your tenancy ends, or return the whole deposit. Indiana's deposit law counts a lender in possession as an owner. Ask your former landlord and the new owner, in writing, who holds your deposit.

   Ind. Code §§ 32-31-3-4, 32-31-3-14, 32-31-3-15

Common questions in Indiana