Indiana § 32-31-2-2 - Failure to record lease; effect

Full text of Indiana Indiana Code § 32-31-2-2 — Failure to record lease; effect, with citation guidance and answers to common questions.

§ 32-31-2-2. Failure to record lease; effect

Sec. 2. (a) This section does not apply to any lease that is entered into by the Indiana department of transportation under IC 8-23-2.

(b) If a lease for a period longer than three (3) years is not recorded within forty-five (45) days after its execution, the lease is void against any subsequent purchaser, lessee, or mortgagee who acquires the real estate in good faith and for valuable consideration.

[Pre-2002 Recodification Citation: 32-7-2-1 part.]

As added by P.L.2-2002, SEC.16. Amended by P.L.14-2019, SEC.6.

IC 32-31-2.9Chapter 2.9. Application of Residential Landlord-Tenant Statutes

32-31-2.9-1Application of definitions 32-31-2.9-2"Residential landlord-tenant statute" 32-31-2.9-3Applicability of residential landlord-tenant statutes 32-31-2.9-4Inapplicability of residential landlord-tenant statutes 32-31-2.9-5Application of other statutes

IC 32-31-2.9-1Application of definitions Sec. 1. The definitions in IC 32-31-3 apply throughout this chapter.

As added by P.L.29-2003, SEC.1.

IC 32-31-2.9-2"Residential landlord-tenant statute" Sec. 2. As used in this chapter, "residential landlord-tenant statute" refers to any of the following:

(1) IC 32-31-3.

(2) IC 32-31-4.

(3) IC 32-31-5.

(4) IC 32-31-6.

(5) IC 32-31-7.

(6) IC 32-31-8.

(7) IC 32-31-8.5.

(8) IC 32-31-9.

(9) IC 32-31-10.

(10) IC 32-31-11.

As added by P.L.29-2003, SEC.1. Amended by P.L.22-2007, SEC.1; P.L.164-2022, SEC.1.

IC 32-31-2.9-3Applicability of residential landlord-tenant statutes Sec. 3. The residential landlord-tenant statutes apply to rental agreements for dwelling units located in Indiana.

As added by P.L.29-2003, SEC.1.

IC 32-31-2.9-4Inapplicability of residential landlord-tenant statutes Sec. 4. The residential landlord-tenant statutes do not apply to any of the following arrangements unless the arrangement was created to avoid application of the residential landlord-tenant statutes:

(1) Residence at a rental unit owned or operated by an institution that is directly related to detention or the provision of medical care, maternity home care, education, counseling, religious service, geriatric service, or a similar service.

(2) Occupancy under a contract of sale of a rental unit or the property of which the rental unit is a part if the occupant is the purchaser or a person who succeeds to the purchaser's interest. However, the residential landlord-tenant statutes apply to occupancy of a rental unit under a rental agreement described in IC 32-31-3-7(b).

(3) Occupancy by a member of a fraternal or social organization in the part of a structure operated for the benefit of the organization.

(4) Transient occupancy in a hotel, motel, or other lodging.

(5) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in or about the premises.

(6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.

(7) Occupancy under a rental agreement covering property used by the occupant primarily for agricultural purposes.

As added by P.L.29-2003, SEC.1. Amended by P.L.62-2008, SEC.1.

IC 32-31-2.9-5Application of other statutes Sec. 5. This chapter does not limit the application of a statute that is not a residential landlord-tenant statute to a residential landlord-tenant relationship if the statute would otherwise be applicable to the relationship.

As added by P.L.29-2003, SEC.1.

IC 32-31-3Chapter 3. Security Deposits

32-31-3-1Repealed 32-31-3-1.1Validity of certain rental agreements 32-31-3-2"Cooperative housing association" defined 32-31-3-3"Landlord" defined 32-31-3-4"Owner" defined 32-31-3-5"Person" defined 32-31-3-6"Rent" defined 32-31-3-7"Rental agreement" defined 32-31-3-8"Rental unit" defined 32-31-3-9"Security deposit" defined 32-31-3-10"Tenant" defined 32-31-3-11Jurisdiction of courts 32-31-3-12Return of deposits; deductions; liability 32-31-3-13Use of deposits 32-31-3-13.5Use of motor vehicle liens as security 32-31-3-14Notice of damages; refund of remaining deposits 32-31-3-15Remittance of full deposit 32-31-3-16Liability for withheld deposits 32-31-3-17Waiver of chapter 32-31-3-18Disclosure of managers and agents 32-31-3-19Sale of property; liability for deposits; exceptions

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 32-31-2-2

What does Indiana Code § 32-31-2-2 cover?

Section 32-31-2-2 ("Failure to record lease; effect") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 32-31-2-2?

A common citation format is "Indiana Code § 32-31-2-2" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 32-31-2-2 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.