Cal. Civ. Code § 32-31-6-7.1
Emergency order; criminal activity; materially false information
Operative Text
Sec. 7.1. (a) At the emergency hearing, if the court finds by a preponderance of the evidence that: (1) the tenant or the tenant's guest has committed a crime that affects the health and safety of another tenant, the landlord, or an agent of the landlord and that the other tenant, the landlord, or an agent of the landlord has suffered or will suffer immediate and serious: (A) injury; (B) loss; or (C) damage; or (2) the tenant provided materially false information to the landlord with the intent to induce the landlord into leasing or giving possession of the rental unit to the tenant; the court shall issue an order under subsection (b). (b) If the court makes a finding under subsection (a), the court shall order the tenant to return possession of the dwelling unit to the landlord not later than seven (7) days from the date of the emergency hearing. (c) The court may issue 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 § 32-31-6-7.1 establishes an emergency court process through which a landlord can seek rapid return of a rental unit under two specific circumstances: when a tenant or the tenant's guest has committed a crime that poses an immediate and serious threat to the health and safety of another tenant, the landlord, or the landlord's agent, or when the tenant obtained the rental unit by providing materially false information to the landlord. If a court finds either condition is met by a preponderance of the evidence at an emergency hearing, it must order the tenant to vacate and return possession of the unit within seven days. The court also retains discretion to issue additional orders it deems fair, including scheduling follow-up hearings to resolve related claims between the parties.
Plain English — not legal advice.
Under Ind. Code § 32-31-6-7.1, landlords who believe a tenant or the tenant's guest has committed a crime causing immediate and serious harm to others on the property, or that a tenant secured a lease through materially false information, may pursue an emergency hearing in court. Operators who document incidents thoroughly—including police reports, witness statements, and records of any misrepresentations made during the application process—are generally better positioned to present evidence meeting the preponderance-of-the-evidence standard the court applies. A successful emergency hearing under this section can result in a court-ordered return of possession within seven days, and landlords may also request that the court schedule subsequent hearings to address any related financial or legal claims.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-31-6-7.1 gives tenants the right to appear and contest the landlord's claims at an emergency hearing before any order to vacate can be issued. The court must find, based on a preponderance of the evidence, that either a qualifying crime occurred or that the tenant deliberately provided materially false information to obtain the unit—meaning the burden of proof rests on the landlord at that hearing. Tenants facing an emergency proceeding under this section may benefit from contacting a local tenant-rights organization or legal aid office to understand what evidence or arguments may be relevant, and should be aware that the court can also schedule follow-up hearings to address related claims between the parties.
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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