Cal. Civ. Code § 32-31-6-7
Waste
Operative Text
Sec. 7. (a) As used in this section, "waste" does not include failure to pay rent. (b) At the emergency hearing, if the court finds: (1) by a preponderance of the evidence that the tenant has committed or threatens to commit waste to the rental unit; and (2) that the landlord has suffered or will suffer immediate and serious: (A) injury; (B) loss; or (C) damage; the court shall issue an order under subsection (c). (c) If the court makes a finding under subsection (b), the court shall order the tenant to do either or both of the following: (1) Return possession of the dwelling unit to the landlord. (2) Refrain from committing waste to the dwelling unit. (d) The court may make other orders that the court considers just under the circumstances, including setting a subsequent hearing at the request of a party to adjudicate related claims between the parties.
Indiana Code § 32-31-6-7 addresses situations where a tenant has committed or threatens to commit 'waste' — meaning damage or deterioration to a rental unit, explicitly excluding failure to pay rent. If a court finds at an emergency hearing that waste has occurred or is threatened, and that the landlord has suffered or faces immediate and serious injury, loss, or damage, the court must issue a remedial order. That order can require the tenant to return possession of the unit to the landlord, stop committing waste, or both, and the court may also set additional hearings to resolve related claims between the parties.
Plain English — not legal advice.
Under Ind. Code § 32-31-6-7, a landlord who believes a tenant is damaging or threatening to damage the rental unit may seek an emergency court hearing to address the situation. A compliant and proactive operator generally documents evidence of waste — such as photographs, repair estimates, and written communications — to demonstrate that immediate and serious injury, loss, or damage has occurred or is imminent. If the court finds in the landlord's favor, it can order the tenant to vacate, cease the damaging conduct, or both, and may schedule follow-up proceedings to address any related claims.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-31-6-7 makes clear that 'waste' does not include failure to pay rent, so an emergency hearing under this provision is specifically limited to allegations of physical damage or deterioration to the rental unit. Tenants facing such a hearing have the right to contest the landlord's claims and to present their own evidence at the proceeding. Those who receive an emergency court order under this section may wish to consult a tenant-rights organization or legal aid provider to understand available options, including whether related claims can be raised at a subsequent hearing the court may schedule.
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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