Cal. Civ. Code § 32-31-4-2
Liability; abandoned property; court order allowing removal by landlord
Operative Text
Sec. 2. (a) A landlord has no liability for loss or damage to a tenant's personal property if the tenant's personal property has been abandoned by the tenant. (b) For purposes of this section, a tenant's personal property is considered abandoned if a reasonable person would conclude that the tenant has vacated the premises and has surrendered possession of the personal property. (c) An oral or a written rental agreement may not define abandonment differently than is provided in subsection (b). (d) If a landlord is awarded possession of a dwelling unit by a court under IC 32-30-2, the landlord may seek an order from the court allowing removal of a tenant's personal property. (e) If the tenant fails to remove the tenant's personal property before the date specified in the court's order issued under subsection (d), the landlord may remove the tenant's personal property in accordance with the order and deliver the personal property to a warehouseman under section 3 of this chapter or to a storage facility approved by the court.
Indiana Code § 32-31-4-2 establishes that a landlord bears no legal liability for loss or damage to personal property that a tenant has abandoned. Abandonment is defined by an objective standard: whether a reasonable person would conclude the tenant has vacated and surrendered possession — and rental agreements cannot alter this definition. When a court awards a landlord possession of a dwelling unit, the landlord may obtain a court order to remove remaining property, and if the tenant does not retrieve belongings by the court-specified date, the landlord may remove and deliver them to a licensed warehouseman or a court-approved storage facility.
Plain English — not legal advice.
Under Ind. Code § 32-31-4-2, operators who believe a tenant has abandoned personal property should document observable conditions — such as vacancy indicators and surrendered possession — that would lead a reasonable person to the same conclusion, since that is the legal standard. Lease clauses that attempt to define abandonment differently than the statute provides are unenforceable, so rental agreements should not include such language. When possession is obtained through a court order under IC 32-30-2, compliant operators seek a separate court order before removing any remaining belongings, then deliver those items to a warehouseman or a court-approved storage facility as directed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-31-4-2 protects tenants by requiring that abandonment of personal property be determined by an objective 'reasonable person' standard — not by whatever definition a landlord may have written into a lease, as such lease terms are void under this provision. If a court has issued an order allowing removal of your belongings, the order will specify a date by which you may retrieve your property before the landlord is permitted to remove it. Tenants who believe their property has been improperly removed or that the abandonment standard was misapplied may wish to consult a tenant-rights organization or legal aid provider familiar with Indiana landlord-tenant law for information about available remedies.
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.
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