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Brown County · Indiana

Brown County Landlord-Tenant Law

Indiana landlord guide — eviction rules, courthouse info & local regulations

🏛️ County Seat: Nashville
👥 Population: ~15,100
🏭 Arts Colony • Brown County State Park • 3M Annual Visitors • STR Market

Landlord-Tenant Law in Brown County, Indiana

Brown County is Indiana’s smallest county by population — approximately 15,100 residents spread across 312 square miles of forested hills in south-central Indiana — and one of its most economically distinctive. Nashville, the county seat and only incorporated town, has built a national reputation as the “Art Colony of the Midwest,” drawing more than 3 million visitors annually to its galleries, boutiques, fall foliage, and the adjacent Brown County State Park, Indiana’s largest. That tourism economy creates a rental market unlike almost any other in Indiana: long-term residential rentals are thin and often difficult to find, while short-term vacation rentals — cabins, cottages, and rural retreats listed on Airbnb and VRBO — represent the dominant rental activity by unit count and revenue. Landlords operating in Brown County need to understand both the standard Indiana residential landlord-tenant framework under IC 32-31 and the county’s distinct STR regulatory overlay, which requires a Special Exception from the Board of Zoning Appeals for any property rented for stays of less than 30 days. All residential eviction actions are filed in Brown Circuit Court in Nashville. Indiana has no rent control and no Fair Rent Commissions anywhere in the state.

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📊 Brown County Quick Stats

County Seat Nashville — “Art Colony of the Midwest”
County Population ~15,100 — Indiana’s smallest by population
Annual Visitors 3+ million — driven by fall foliage & state park
Key Employers Tourism, hospitality, arts, retail, county government
STR Oversight Special Exception required from BZA for <30-day rentals
Fair Rent Commission None — Indiana has no Fair Rent Commissions

⚖️ Eviction At-a-Glance

Eviction Action Eviction — filed in Brown Circuit Court
Nonpayment Notice 10-day pay or quit (IC 32-31-1-6)
No Grace Period Indiana has no statutory grace period
Brown Circuit Court 70 E. Main St., Nashville • (812) 988-5510
Court Hours Mon–Fri 8:00am–4:00pm
Avg Timeline 30–60 days start to finish

Brown County Local Regulations

Indiana state law governs all residential landlord-tenant relationships in Brown County. There are no county-level landlord-tenant ordinances and no rent control anywhere in Indiana. However, Brown County has a meaningful STR regulatory framework that all vacation rental operators must understand.

Category Details
No Rent Control Indiana law prohibits local rent control statewide (IC 32-31-1-20). Brown County and the Town of Nashville may not regulate rental rates. Landlords may raise rents on month-to-month tenancies with 30 days written notice (IC 32-31-5-4).
Short-Term Rental (STR) Special Exception Any property rented for stays of fewer than 30 days in Brown County requires a Special Exception from the Brown County Board of Zoning Appeals (BZA). This applies to all cabin rentals, vacation homes, and Airbnb/VRBO listings on residentially zoned land. Operating without a Special Exception exposes landlords to code enforcement action. Contact Brown County Planning & Zoning: P.O. Box 146, Nashville, IN 47448.
STR Distance Requirements STRs in Brown County must be located at least 250 feet from the nearest residence and at least 1,320 feet (one-quarter mile) from the nearest existing STR. These spacing requirements limit market saturation and mean that approved STR locations carry real scarcity value — properties that already have a Special Exception are more valuable than those that do not and would need to obtain one.
Innkeeper’s Tax Brown County levies an 8% innkeeper’s tax on all short-term lodging, including STRs. This tax funds tourism infrastructure and public safety. STR operators are responsible for collecting and remitting this tax. Failure to collect and remit is a compliance risk. Confirm current requirements with the Brown County Auditor’s office.
Security Deposit No statutory cap (IC 32-31-3-12). Return within 45 days after: (1) termination of the rental agreement; (2) delivery of possession; and (3) tenant provides written mailing address. Itemized written deduction statement required. All three conditions must occur before the 45-day clock begins.
Required Disclosures At or before lease commencement: (1) property manager and agent for service of process, both Indiana residents (IC 32-31-3-18); (2) smoke detector acknowledgment (IC 32-31-5-7); (3) lead paint disclosure for pre-1978 properties; (4) flood plain disclosure if applicable (IC 32-31-1-21); (5) utility charge itemization if landlord passes through costs (IC 8-1-2-1.2).
Self-Help Eviction Prohibited Indiana law expressly prohibits self-help eviction (IC 32-31-5-6). All Brown County evictions must proceed through Brown Circuit Court. Lock changes, utility shutoffs, or removal of belongings without a court order is illegal regardless of what a guest or tenant has done.

Last verified: 2026-04-01

🏛️ Brown Circuit Court

70 E. Main Street, Nashville, IN 47448 • (812) 988-5510

🏛️ Courthouse Information and Locations for Indiana

💰 Eviction Cost Snapshot

Typical fees for a Brown County eviction

💰 Eviction Costs: Indiana
Filing Fee $35-160
Total Est. Range $100-400
Service: — Writ: —

Indiana Eviction Laws

State statutes that apply throughout Brown County

⚡ Quick Overview

10
Days Notice (Nonpayment)
Reasonable (typically 14-30 days); 45 days for illegal activity
Days Notice (Violation)
21-60
Avg Total Days
$$35-160
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 10-Day Notice to Pay Rent or Quit
Notice Period 10 days
Tenant Can Cure? Yes - tenant can pay all rent within 10 days to stop eviction
Days to Hearing 10-21 days
Days to Writ Immediate after judgment; 24 hours to vacate days
Total Estimated Timeline 21-60 days
Total Estimated Cost $100-400
⚠️ Watch Out

10-day notice must use specific statutory language per IC § 32-31-1-6: 'You are notified to vacate the following property not more than ten (10) days after you receive this notice unless you pay the rent due...' No state-mandated grace period - rent is late the day after due date. Accepting partial payment during eviction can jeopardize case unless written partial payment agreement exists. Emergency/expedited eviction available within 3 days for waste/severe property damage (IC § 32-31-6-5). 45-day unconditional quit for illegal activity. No cure required for waste or holdover tenants (IC § 32-31-1-8). Senate Enrolled Act 142 (2025): allows sealing/nondisclosure of dismissed/favorable eviction records.

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📝 Indiana Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the Small Claims Court (under $6000) or Circuit/Superior Court. Pay the filing fee (~$$35-160).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about Indiana eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Indiana attorney or local legal aid organization.
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🔍 Reduce Your Risk Before Signing a Lease: Indiana landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Indiana — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Indiana's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
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🏙️ Communities in Brown County

Towns and unincorporated communities

Nashville
Helmsburg
Belmont
Gnaw Bone
Story
Brown County

Indiana’s Arts Colony — STR-Dominant, Thin Long-Term Market

No rent control. 10-day pay-or-quit. 45-day deposit return. STR requires BZA Special Exception. 250 ft / 1,320 ft spacing rules. 8% innkeeper’s tax. Long-term rentals scarce — strong demand from hospitality workers. File Brown Circuit Court, Nashville.

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Brown County Landlord Guide: Indiana’s Arts Colony, 3 Million Annual Visitors, and a Rental Market Unlike Any Other in the State

Brown County operates on a different economic logic than virtually every other Indiana county. Where most Indiana counties measure their rental markets in apartment complexes and single-family homes rented to workers, students, and families, Brown County’s rental economy is built almost entirely around tourism. The 3 million visitors who come to Brown County every year — to see the fall foliage, hike in Brown County State Park, browse Nashville’s galleries and boutiques, and stay in the cabin they booked six months ago — sustain a vacation rental economy that dwarfs the county’s permanent residential rental market. Understanding Brown County as a landlord means understanding this structure and operating within it correctly.

Nashville: The Art Colony That Became a Tourism Destination

Nashville, Indiana — not to be confused with its Tennessee namesake — has been an artist colony since the late 19th century when painters discovered the beauty of the Brown County hills and established a community of studios and galleries that drew talent from across the country. The Brown County Art Colony became nationally recognized, producing painters whose works hang in major American museums. That artistic identity has endured and evolved into a tourism industry built around galleries, artisan crafts, antique shops, restaurants, and the natural beauty that first attracted the painters.

Today Nashville’s downtown is a compact but densely packed collection of shops, galleries, and restaurants that generate foot traffic year-round but peak dramatically during fall foliage season — typically mid-October through early November — when the county’s hills turn amber and orange and visitors arrive in numbers that strain every accommodation available. The Brown County Music Center, a 2,000-seat venue that opened in 2019, has added a significant performing arts draw to the county, bringing nationally recognized artists and their audiences into the market throughout the year.

Brown County State Park and Outdoor Recreation

Brown County State Park is Indiana’s largest state park, covering more than 16,000 acres of forested hills, ravines, and ridgelines. It offers 20 miles of equestrian trails, 70 miles of mountain biking trails, hiking, a nature center, a saddle barn, two swimming pools, and more than 400 campsites and cabins operated by the state. The park is the single largest driver of visitation to Brown County and its presence means that outdoor recreation tourism is not a seasonal blip but a year-round draw — hikers in spring, mountain bikers in summer, equestrians in fall, and winter visitors who come for the quiet beauty of the bare hills.

The park’s existence shapes the private rental market in a direct way: visitors who want something more comfortable or private than state park facilities look to private cabin rentals and vacation homes nearby. The proximity of a property to the park entrance is one of the most significant factors in its STR revenue potential.

The STR Regulatory Framework: What Landlords Must Know

Brown County’s short-term rental market is tightly regulated compared to many Indiana markets, and landlords considering STR investment here must navigate the regulatory framework carefully before purchasing or converting a property. The foundational requirement is a Special Exception from the Brown County Board of Zoning Appeals. This approval is required for any residentially zoned property rented for stays of fewer than 30 days. The BZA process involves an application, a public hearing, and a finding that the property meets the county’s standards — including the distance requirements of at least 250 feet from the nearest residence and at least 1,320 feet from the nearest existing approved STR.

Those distance requirements have two significant implications for investors. First, properties that already hold a Special Exception have a competitive advantage that is partly regulatory in nature — new entrants cannot simply open next door. Second, not every property in Brown County is capable of obtaining a Special Exception regardless of how appealing it might otherwise be. Due diligence on any potential STR investment must include verification that the property can actually satisfy the distance requirements and obtain BZA approval before any purchase is finalized.

The 8% innkeeper’s tax applies to all short-term lodging, including private vacation rentals, and must be collected from guests and remitted to the county. Platforms like Airbnb collect and remit this tax automatically in many jurisdictions, but operators should verify whether their platform is handling remittance for Brown County specifically and confirm with the Brown County Auditor’s office that their obligations are being met. Operating without proper tax remittance creates liability that can accumulate over time.

The Long-Term Rental Market: Thin But Real

Brown County’s permanent population of roughly 15,100 people needs housing, and not all of them own. The long-term residential rental market in Brown County is thin relative to any other Indiana county of comparable population simply because so much of the county’s housing stock has been converted to or built for vacation rental use. This supply constraint creates an unusual dynamic: long-term rentals in Nashville and the surrounding area are consistently in demand from the tourism and hospitality workers who staff the county’s restaurants, shops, and accommodations, from county government employees, and from the artists and craftspeople who have chosen Brown County as a place to live and work.

Landlords with long-term rental properties in Brown County face virtually no vacancy risk in a functioning economy. The hospitality workforce that keeps Nashville’s restaurants and shops running needs affordable housing, and the county’s STR-dominated housing stock makes that housing chronically difficult to find. A well-maintained, reasonably priced long-term rental in Nashville or within commuting distance of the town center will find qualified tenants quickly. The challenge is finding and acquiring such properties — competition with STR investors for the same housing stock drives prices that make traditional long-term rental math more difficult to pencil.

Indiana Code and Eviction Procedures in Brown County

All residential eviction actions in Brown County are filed in Brown Circuit Court, located at 70 E. Main Street, Nashville, IN 47448, phone (812) 988-5510. Brown County has a single Circuit Court that handles all civil matters including evictions. The eviction process follows Indiana’s standard framework under IC 32-31-1. For nonpayment of rent, a 10-day notice to pay or quit must be properly served before filing. Indiana has no statutory grace period, so the 10-day clock begins running from the date the notice is served. If the tenant fails to pay or vacate within 10 days, the landlord files an Eviction complaint with Brown Circuit Court, pays the filing fee, and receives a hearing date. Brown County’s small court docket often means cases are heard relatively quickly compared to larger Indiana counties. An uncontested eviction from notice through Writ of Assistance typically resolves in 30 to 60 days.

One important practical note for STR operators: Indiana’s residential eviction statutes under IC 32-31 apply to tenants, defined as people with a rental agreement. Short-term vacation guests — particularly those who have overstayed a booking or refuse to leave — may not be tenants in the legal sense depending on the length and nature of their stay. The process for removing a holdover vacation guest can be different from a residential eviction. Landlords dealing with this situation should consult an Indiana attorney to determine the appropriate legal mechanism.

Seasonal Rhythms and Property Management

Brown County’s tourism economy has a powerful seasonal component that STR operators must plan around. Fall foliage season — roughly mid-September through mid-November — is peak season, with October weekends commanding premium nightly rates and occupancy rates that approach 100% for well-positioned properties. Spring and summer bring steady visitation from hikers, mountain bikers, and families. Winter is quieter but not dead, with repeat visitors who appreciate the county’s atmosphere in the off-season. The Brown County Music Center has meaningfully extended the shoulder season by drawing visitors for concerts throughout the year.

For long-term landlords, the seasonal rhythm manifests differently. The hospitality workforce turns over with some frequency as workers follow employment opportunities or find the area’s limited housing options unsustainable. Maintaining stable long-term tenants often means being a reasonable and responsive landlord — in a market where options are few, good landlords retain tenants who might otherwise leave for communities with more rental inventory.

Neighboring Indiana Counties

← View All Indiana Landlord-Tenant Law

Disclaimer: This page provides general information about landlord-tenant law in Brown County, Indiana and is not legal advice. Always verify current STR requirements with Brown County Planning & Zoning, the BZA, or a licensed Indiana attorney before operating a rental property. Last updated: April 2026.

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