Okay. I admit that I'm no lawyer, but I've been digging into our Indiana Code for the past few days trying to get my head around this. It's a complicated subject. I admit that. But without a lawyer, I'm left drawing my own conclusions from my local regulations.
>> Sorry... I'm going to use CAPS to keep to highlight the Terms... Don't assume I'm yelling. Just trying to make the really confusing legaleze easier to follow :). Also, I've ommitted a lot of the additional stuff that wasn't applicable. <<
From what I can tell, within INDIANA, a host in a private residence with a room on Airbnb is not considered a LANDLORD, and thus is not held to the LANDLORD-TENANT STATUTE.
Here's my reasoning. I have to make one assumption, since I can't find a formal definition anywhere. The term 'TRANSIENT GUEST' or 'GUEST' is often used to signify an individual that is temporarily residing in the area. They use the term a lot in the Hotels and 'Bed and Breakfast' section of the Code to refer to the persons that rent rooms in Bed and Breakfasts and Hotels. I assume the term carries the same meaning in this portion of the law.
Here's what I found:
IC 32-31-3-3: "LANDLORD" is the owner, lessor, or sublessor of a RENTAL UNIT or the PROPERTY of which the unit is a part
IC 32-30-8-3: "TENANT" is defined as a person who leases or resides in a RENTAL UNIT.
IC 32-31-3-8: "RENTAL UNIT" is a part of a structure, that is used as a home, residence, or sleeping unit by an individual(s) who maintains a household
IC 32-30-8-2: "PROPERTY" is many things, but there's a specific exception: The term does not include a hotel, motel, or other guest house, part of which is rented to a TRANSIENT GUEST.
So, here's how I interpret this: An Airbnb room is not a PROPERTY, but instead it is a smaller unit within the PROPERTY. If you were to consider it a RENTAL UNIT, you would have to argue that the RENTAL UNIT is being used by the individual who maintains the household. As I see it, a GUEST (or as Code would call them, a TRANSIENT GUEST) would not be maintaining the household. They are not responsible for upkeep, utilities, or any other 'maintainence' of the household.
Also, if that wasn't enough, there is a specific exception to the applicability of LANDLORD-TENANT STATUS:
IC 32-31-2.9-4: INAPPLICABILITY of LANDLORD-TENANT STATUTES:
The residential landlord-tenant statutes do not apply to any of the following arrangements...TRANSIENT OCCUPANCY in a hotel, motel, or other lodging (among others)
Thus, so long as we consider the GUEST to be TRANSIENT or that they are not maintaining a household with the RENTAL UNIT, the LANDLORD-TENANT laws don't apply.
@Suzanne-and-Shaun0, I'd love to hear from you, if you think that my interpretation was ill-conceived.