Indiana Death of a tenant

What happens to the lease when a tenant dies in Indiana?

When an Indiana landlord knows that a tenant who was the sole occupant has died, the landlord must notify the tenant's representative, give that person reasonable access to remove the tenant's belongings (and may require a signed inventory), and pay the representative the security deposit and unearned rent the tenant would have been owed. The representative is, in order of priority, a person the tenant named in writing or in the lease, an attorney in fact, a guardian, an heir, or a person appointed by the probate court. The same steps apply if a sole occupant appears incapacitated and absent. Statute text: "If a landlord knows of the death of a tenant who, at the time of death, was the sole occupant of the dwelling unit under a lease, the landlord:" (Ind. Code § 32-31-1-23(a), (c)).

Verified Source: Ind. Code § 32-31-1-23(a), (c) · last checked 2026-10-19