Indiana Hotel and Motel Tenancy Rights Explained

If you are staying long-term in a hotel or motel in Indiana, you may wonder whether renter protections apply to your situation. With housing challenges leading many to reside in extended-stay accommodations, knowing your rights – and your responsibilities – as a hotel or motel resident is crucial. This guide explains Indiana hotel and motel tenancy rules in plain English, helping you understand protections against unexpected eviction and what steps to take if disputes arise.

When Does Hotel or Motel Stay Qualify as a 'Tenancy' in Indiana?

Not all residents of hotels or motels in Indiana are considered tenants. Whether you have legal protections like other renters depends on the nature and length of your stay. The distinction impacts your rights regarding eviction, privacy, and notice.

• Short-Term Stay: Generally, if you are a guest staying for a brief period (such as by the day or week) without intent of permanence, you are considered a guest and not a tenant. Hotel management can typically end your stay with minimal notice.
• Longer-Term Occupancy: If you have lived in the same room for at least 30 consecutive days and can show intent to use the premises as your primary residence (e.g., receiving mail, paying monthly, no other home), you may be considered a tenant under Indiana Code § 32-31-6.

This legal distinction matters: tenants are protected against lockouts and entitled to proper eviction procedures, while hotel guests may not be.

Eviction and Notice Rules for Indiana Hotel and Motel Residents

Indiana law provides different eviction protocols depending on your residency status.

• Hotel/Motel Guest: May be asked to leave immediately or with short notice at management's discretion (unless your stay shifts to tenancy status).
• Hotel/Motel Tenant: If your stay meets the criteria for tenancy, the property owner must use the usual eviction process. This means:
• The owner gives you written notice (usually 10 days for nonpayment or 30 days for month-to-month termination).
• If you don't leave, the owner must file an eviction action ('possession action') in court.
• You cannot be locked out or removed without a court order.

For the official eviction procedures, see Indiana Courts Eviction Information.

Your Rights: Access, Safety, and Maintenance

Once you are recognized as a tenant, you have certain legal rights. These include:

• Protection against unlawful lockouts or utility shutoffs
• The right to a safe and habitable living space (working heat, electrical, water, pest control, etc.)
• Reasonable notice before staff or management enters your room (typically 24 hours, unless it is an emergency)

If you believe your rights as a tenant have been violated, you can seek help by contacting your local courthouse or the agency listed below.

Important Forms for Indiana Hotel and Motel Residents

• Notice to Vacate (no official form required):
  When used? If your landlord seeks to end your tenancy, they must provide a Notice to Vacate. There is no standard issued form, but the notice must be in writing and state the grounds for ending the tenancy.
  Example: A hotel resident who has stayed over 30 days and receives a written note stating, "You must leave in 10 days for nonpayment of rent."
• Notice of Claim for Eviction (Indiana Small Claims Form):
  When used? Landlords file this court form to start a formal eviction case if a tenant does not vacate after notice.
  Example: If you remain after a Notice to Vacate, the owner files this with the court; you'll receive court papers and hearing info.

Which Tribunal Handles Hotel and Motel Tenancy Disputes?

All residential eviction and tenancy disputes in Indiana are handled by county-level courts, such as the Superior, Circuit, or Small Claims Courts, not by a separate tenancy board. To locate your court, visit the Indiana Judicial Branch.

Applicable Indiana Tenancy Law

The primary law covering landlord-tenant relationships in Indiana is the Indiana Code Title 32, Article 31. Specific rules for evictions are found in Chapter 6: Tenants, Possession, and Eviction¹.

FAQs: Indiana Hotel and Motel Tenancy

1. How long must I stay at a hotel or motel before I am considered a tenant in Indiana?
   Generally, after 30 consecutive days and evidence of primary residence, you may be considered a tenant under Indiana law.
2. Can a hotel manager lock me out without notice in Indiana?
   If you are still a guest, yes. But if you have tenancy rights, they must go through formal court eviction – they cannot self-evict or lock you out.
3. Do tenant protection laws apply to all hotel or motel stays?
   No. Only if your stay meets the requirements for becoming a tenant (usually after 30 days and establishing residency).
4. Is there an official government form to stop an eviction from a hotel room?
   No special form is available. However, you will receive notice of a court eviction and can appear to state your case.
5. Where can I get free help if I believe my rights as a hotel or motel tenant are being violated?
   Contact your local legal aid office or use the Indiana Legal Help resources listed below.

Conclusion: Key Takeaways

• Indiana hotel and motel stays become a "tenancy" after about 30 days with evidence of permanent residence.
• As a tenant, you have eviction protections – including written notice and court process – not available to short-term guests.
• If you believe you are being unfairly evicted, collect documentation and seek legal help quickly.

Understanding these rules can help both guests and owners stay on the right side of the law and avoid unnecessary disputes.

Need Help? Resources for Renters

• Indiana Courts Eviction Self-Service: Official guidance on the eviction process, forms, and legal information.
• Indiana Legal Help: Free and low-cost legal help for renters in Indiana.
• Office of the Indiana Attorney General: File a consumer complaint if you believe your rights have been violated.
• Or find your local courthouse via the Indiana Judicial Branch directory.

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1. Indiana Code Title 32, Article 31, Chapter 6: Possession of Real Property; Actions for Possession
2. Eviction Information from Indiana Courts
3. Indiana Legal Help – Housing

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