Cal. Civ. Code § 32-31-1-23
Death or incapacitation of a tenant
Operative Text
Sec. 23. (a) 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: (1) shall notify a tenant's representative of the death; (2) shall give the tenant's representative access to the premises at a reasonable time to remove any personal property from the unit and other personal property of the tenant elsewhere on the premises; (3) may require the tenant's representative to prepare and sign an inventory of the property being removed; and (4) shall pay the tenant's representative the deceased tenant's security deposit and unearned rent to which the tenant would otherwise have been entitled under IC 32-31-3-12. (b) If a landlord believes that a tenant, who is the sole occupant of the dwelling unit under a lease, is incapacitated and absent from the dwelling unit, the landlord: (1) shall notify a tenant's representative of the tenant's possible incapacity; (2) shall give the tenant's representative access to the premises at a reasonable time to remove any personal property from the unit and other personal property of the tenant elsewhere on the premises; (3) may require the tenant's representative to prepare and sign an inventory of the property being removed; and (4) shall pay the tenant's representative the incapacitated tenant's security deposit and unearned rent to which the tenant would otherwise have been entitled under IC 32-31-3-12. (c) Any of the following persons, in decreasing order of priority, may accept an appointment and serve as a tenant's representative under this article: (1) A person designated by the tenant in a written document delivered to the landlord. (2) A person designated, in writing, by the tenant in a written lease between the tenant and the landlord. (3) An attorney in fact named by the tenant in a power of attorney during the tenant's lifetime. (4) A temporary guardian or guardian of the person of a tenant. (5) A tenant's heir. (6) A person selected and appointed by a probate court upon a petition by any interested person under this section. If a dispute exists between two (2) or more persons claiming to be a tenant's representative, the probate court's decision controls after a hearing held upon notice to the interested persons. (d) A person who is authorized to serve as a tenant's representative under subsection (c) accepts appointment by: (1) providing written notice to the tenant's landlord of the tenant representative's acceptance of appointment; and (2) if the tenant is appointed under subsection (c)(6), complying with the conditions stated in the probate court's order. (e) The authority of a deceased tenant's heir, a deceased tenant's attorney in fact, a temporary guardian, or a guardian of the person to act under this article terminates when the heir, the guardian, or the landlord knows that: (1) a personal representative has been appointed for the deceased tenant's estate; (2) a tenant's attorney in fact is acting on the living tenant's behalf; or (3) a guardian has been appointed for the living incapacitated tenant's property. (f) A landlord that complies with this section is not liable: (1) to the tenant, if the tenant is living; (2) to the tenant's estate, if the tenant is deceased; or (3) to any other person that has a claim or interest in the personal property removed from the premises, unearned rent, or security deposit. (g) A landlord that willfully violates subsection (a) or (b) is liable: (1) to the tenant, if the tenant is living; or (2) to the tenant's estate, if the tenant is deceased; for actual damages. (h) In addition to the rights provided in this section, the tenant's representative has the incapacitated or deceased tenant's rights and responsibilities under IC 32-31-4.
Indiana Code § 32-31-1-23 establishes a framework for what happens to a rental unit and its contents when a sole-occupant tenant dies or becomes incapacitated. Under this provision, the landlord must notify a designated representative, grant that representative access to retrieve personal property, and return the security deposit along with any unearned rent. The law also sets out a priority list for who may serve as the tenant's representative—ranging from a person the tenant named in writing all the way to a probate-court appointee—and specifies that a landlord who follows these procedures is shielded from liability, while one who willfully ignores them can be held responsible for actual damages.
Plain English — not legal advice.
Operators covered by Ind. Code § 32-31-1-23 generally document their awareness of a tenant's death or incapacitation promptly and reach out to the highest-priority representative available under the statute's ordered list. Compliant landlords schedule property-access at a reasonable time, may request a signed inventory of removed items, and process the return of the security deposit and unearned rent as required by IC 32-31-3-12. Following these steps carefully is what triggers the liability protection the section provides; willful non-compliance exposes the landlord to a claim for actual damages by the tenant or the tenant's estate.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-31-1-23 gives tenants the ability to designate, in advance and in writing, a specific person to act as their representative if they die or become incapacitated while living alone in a rental unit. If a landlord willfully fails to notify a representative, provide access to personal property, or return the security deposit and unearned rent, the tenant or the tenant's estate may pursue a claim for actual damages. Tenant-rights organizations or a licensed Indiana attorney can help a representative understand the priority rules, the acceptance process, and the rights carried over under IC 32-31-4 when navigating this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation