CHAPTER 6. INNKEEPER'S LIENS

IC 32-33-6
    Chapter 6. Innkeeper's Liens

IC 32-33-6-1
Lien for accommodation charges; sale enforcing
    Sec. 1. (a) The owner or keeper of any hotel, inn, boardinghouse,eating facility, lodging house, or restaurant has a lien upon any trunk,valise or baggage, or other article of value brought into the hotel, inn,boardinghouse, eating facility, lodging house, or restaurant by aperson for any and all proper charges due from the person for food,lodging, entertainment, or other accommodation.
    (b) The owner or keeper referred to in subsection (a) may detainthe trunk, valise or baggage, or other articles of value until theamount of the charge is fully paid. If the charges are not paid withinsixty (60) days after the charges accrued, the owner or keeper maysell the trunk, valise or baggage, or other article of value at publicauction after giving ten (10) days notice of the time and place of thesale by publication of notice in a newspaper of general circulation inthe county in which the hotel, inn, boardinghouse, eating facility,lodging house, or restaurant is situated. In addition, the owner orkeeper must at least ten (10) days before the sale mail a copy of thenotice addressed to the person at:
        (1) the person's post office address if known to the owner orkeeper; or
        (2) the address registered by the person with the owner orkeeper if the owner or keeper is required to keep a registerunder IC 16-41-29.
    (c) After satisfying the lien out of the proceeds of a sale under thissection together with any costs that may have been incurred inenforcing the lien, the residue of the proceeds of the sale, if any,must be paid on demand by the owner or keeper to the person notmore than six (6) months after the sale. If the residue is notdemanded within six (6) months after the date of the sale, the residueor remainder shall be deposited by the owner or keeper with thecounty treasurer of the county in which the hotel, inn, boardinghouse,eating facility, lodging house, or restaurant is situated, together witha statement of:
        (1) the owner's or keeper's claim;
        (2) the amount of costs incurred in enforcing the lien;
        (3) a copy of the published notice; and
        (4) the amount received from the sale of the trunk, valise orbaggage, or other article of value sold at the sale.
    (d) The residue deposited under subsection (c) shall be accreditedto the general revenue funds of the county by the county treasurersubject to the right of the person or the person's representatives toreclaim the residue at any time within three (3) years after the dateof the deposit with the county treasurer.
    (e) A sale under this section is a bar to any action against theowner or keeper for the recovery of the trunk, valise or baggage, orother article of value or of the value of the trunk, valise or baggage,

or other article of value, or for any damage growing out of the failureof the person to receive the trunk, valise or baggage, or other articleof value.
    (f) However, if the proceeds of a sale after deducting any coststhat may have been incurred in enforcing the lien are not sufficientto discharge the owner's or keeper's charges, the balance remains dueand owing, and the owner or keeper may commence an action at lawagainst the person for any balance due.
As added by P.L.2-2002, SEC.18.