Cal. Civ. Code § 32-31-2.9-4
Inapplicability of residential landlord-tenant statutes
Operative Text
Sec. 4. The residential landlord-tenant statutes do not apply to any of the following arrangements unless the arrangement was created to avoid application of the residential landlord-tenant statutes: (1) Residence at a rental unit owned or operated by an institution that is directly related to detention or the provision of medical care, maternity home care, education, counseling, religious service, geriatric service, or a similar service. (2) Occupancy under a contract of sale of a rental unit or the property of which the rental unit is a part if the occupant is the purchaser or a person who succeeds to the purchaser's interest. However, the residential landlord-tenant statutes apply to occupancy of a rental unit under a rental agreement described in IC 32-31-3-7(b). (3) Occupancy by a member of a fraternal or social organization in the part of a structure operated for the benefit of the organization. (4) Transient occupancy in a hotel, motel, or other lodging. (5) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in or about the premises. (6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative. (7) Occupancy under a rental agreement covering property used by the occupant primarily for agricultural purposes.
Indiana Code § 32-31-2.9-4 identifies seven categories of living arrangements that fall outside the scope of Indiana's residential landlord-tenant statutes, meaning the standard tenant and landlord protections those statutes provide generally do not apply to them. These exemptions cover situations such as institutional housing tied to medical or detention facilities, occupancy linked to a contract of sale, fraternal organization housing, hotel or motel stays, employee housing conditioned on employment, condominium ownership, and agricultural-use rentals. Importantly, if an arrangement was structured specifically to sidestep the residential landlord-tenant statutes, the exemption does not apply and the statutes will govern the relationship regardless of its form.
Plain English — not legal advice.
Under Ind. Code § 32-31-2.9-4, operators of properties that fall into one of the seven listed categories — such as institutional housing, employee housing, or agricultural-use rentals — generally conduct their operations outside the framework of Indiana's residential landlord-tenant statutes. Compliant operators in these categories typically document the nature of the arrangement clearly, ensuring that the basis for the exemption (for example, employment conditionality or agricultural use) is reflected in written agreements. Operators should be aware that any arrangement deliberately structured to exploit an exemption as a workaround will not receive the benefit of that exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you occupy housing that a landlord claims falls under one of the seven exemptions listed in Ind. Code § 32-31-2.9-4 — such as institutional, employee, or agricultural housing — it is worth understanding whether that exemption legitimately applies to your situation. The statute preserves protections for occupants whose arrangements were designed to avoid the residential landlord-tenant statutes, meaning tenants may have grounds to challenge an improperly claimed exemption. Tenant-rights organizations and legal aid services can help individuals understand whether a claimed exemption is valid and what enforcement paths, such as raising the inapplicability of the exemption as a defense in a legal proceeding, may be available.
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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