Sec. 19. (a) In a case where a tenant agrees under contract to pay as rent:
(1) a part of the crop raised on the leased premises;
(2) rent in kind; or
(3) a cash rent;
the landlord may have a lien on the crop raised under the contract for payment of the rent. If the tenant refuses or neglects to pay or deliver to the landlord the rent when it is due, the landlord may enforce the lien by selling the crop.
(b) A landlord who desires to acquire a lien on a crop raised under a contract on leased premises must file a financing statement under IC 26-1-9.1-501 at least thirty (30) days before the crop matures and during the year in which the crop is grown. The financing statement must:
(1) give notice of the landlord's intention to hold a lien upon the crop for the amount of rent due;
(2) specifically set forth the amount claimed; and
(3) describe the lands on which the crop is being grown with sufficient precision to identify the lands.
(c) A lien created under this section relates to the time of filing and has priority over all liens created thereafter. However, a tenant may, after giving written notice to the landlord or the landlord's agent, remove the tenant's portion of the crop from the leased premises and dispose of the tenant's portion of the crop when the rent is to be paid in part of the crop raised. If the tenant does not give written notice to the landlord, the tenant may remove not more than one-half (1/2) of the crop growing or matured.
[Pre-2002 Recodification Citation: 32-7-1-18.]
As added by P.L.2-2002, SEC.16.
Structure Indiana Code
Article 31. Landlord-Tenant Relations
32-31-1-1. Determination of Estates at Will
32-31-1-2. Creation of Tenancy at Will Month to Month
32-31-1-3. Determination of Year to Year Tenancy
32-31-1-4. Notice; Determination of Tenancy
32-31-1-5. Form; Notice Determining Tenancy From Year to Year
32-31-1-6. Rent; Refusal or Neglect to Pay
32-31-1-7. Forms; Notice to Quit; Failure or Refusal to Pay Rent
32-31-1-8. Notice to Quit; When Not Necessary
32-31-1-10. Conveyance by Landlord
32-31-1-11. Attornment of Tenant to Stranger
32-31-1-12. Sublessees; Remedy Against Landlord
32-31-1-13. Alienees of Lessors and Lessees; Remedies
32-31-1-14. Rents; Land Granted for Life
32-31-1-15. Rents; Dependency on Life of Another; Recovery of Arrears
32-31-1-16. Rents; Executors and Administrators; Remedies and Liabilities
32-31-1-17. Occupant Without Special Contract; Liability for Rent
32-31-1-18. Death of Life Tenant Demising Land; Recovery of Rent
32-31-1-20. Local Units Prohibited From Regulating Rental Rates and Landlord-Tenant Relationship