Indiana Laws for Landlords.
Your Resource for laws affecting landlords in Indiana

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Landlord Legislation in Indiana

Below is a list of laws for landlords in Indiana. New resources, bills and articles are updated daily. You can also type in a Bill Number or Keyword in the search bar to find additional details on laws.

IN SB0150 Housing matters.

Introduced Session

2021 Regular Session

Summary
Housing matters. Eliminates the general restriction on the authority of a county, city, town, or township concerning regulation of landlord-tenant relationship matters not specifically described by state statute.
Sponsors
James Buck Jack Sandlin Linda Rogers Ethan Manning Gerald Torr
Last Action
First reading: referred to Committee on Judiciary
View Details
https://lawsforlandlords.com/bill/in-2021-sb0150/

IN SB0116 Landlord tenant settlement conference program.

Introduced Session

2021 Regular Session

Summary
Landlord tenant settlement conference program. Provides, for a two year period and contingent upon the availability of specified funds, that: (1) the jurisdictional amount in small claims court is $20,000 in residential landlord tenant cases (under current law, the amount is $8,000); and (2) the landlord and the tenant may agree to participate in the landlord tenant settlement conference program.
Sponsors
Karen Tallian Elizabeth Brown Mike Bohacek
Last Action
Amendment #3 (Taylor G) failed; Roll Call 142: yeas 22, nays 26
View Details
https://lawsforlandlords.com/bill/in-2021-sb0116/

IN HB1461 Abandoned property in a rented dwelling.

Introduced Session

2021 Regular Session

Summary
Abandoned property in a rented dwelling. Repeals provisions requiring a landlord to transfer a tenant's abandoned personal property to a storage facility. Provides that a tenant's personal property is considered abandoned if it remains on the premises after the tenant vacates the rental unit. Permits a landlord to dispose of a tenant's abandoned personal property without any liability to the tenant. Makes conforming amendments.
Sponsors
Bruce Borders
Last Action
First reading: referred to Committee on Judiciary
View Details
https://lawsforlandlords.com/bill/in-2021-hb1461/

IN HB1219 Various housing matters.

Introduced Session

2021 Regular Session

Summary
Various housing matters. Defines "principal dwelling land contract" (contract) as a land contract for the sale of real property: (1) designed for the occupancy of one to two families; and (2) that is or will be occupied by the buyer as the buyer's principal dwelling. Provides that the seller under a contract must provide the buyer with certain disclosures at least 10 days before the contract is executed. Sets forth disclosures that must be included in a contract. Provides a three day cancellation period for the buyer. Specifies certain recording provisions for principal dwelling land contracts. Permits a person to expunge records in connection with certain eviction actions in which the person was a defendant. Requires a landlord who denies an applicant's application for the rental of a dwelling unit based on information in a tenant screening report to provide the applicant with a copy of the tenant screening report. Adds a housing court as a problem solving court that may be established by a city court or a county court. Provides that a violation of disclosure provisions related to land contracts and a failure to investigate an alleged error in a tenant screening report constitute deceptive acts under the deceptive consumer sales act.
Sponsors
Edward Clere Robin Shackleford Sharon Negele
Last Action
First reading: referred to Committee on Judiciary
View Details
https://lawsforlandlords.com/bill/in-2021-hb1219/

IN HB1110 Small claims court procedures.

Introduced Session

2021 Regular Session

Summary
Small claims court procedures. Provides that a small claims court has jurisdiction over claims that do not exceed $10,000.
Sponsors
Steve Bartels Gerald Torr Wendy McNamara Heath VanNatter Scott Baldwin Chris Garten Mark Messmer Lonnie Randolph
Last Action
Returned to the House with amendments
View Details
https://lawsforlandlords.com/bill/in-2021-hb1110/

IN SB0258 Rental assistance.

Introduced Session

2021 Regular Session

Summary
Rental assistance. Allows a landlord to apply for assistance from the COVID-19 rental assistance program (program) operated by the Indiana housing and community development authority (authority) on behalf of a tenant who: (1) is at least 30 days overdue on monthly rent; and (2) has not applied to the program. Provides that an amount paid by the program to a landlord is considered to be paid by the tenant. Prohibits a landlord that receives assistance from requiring a tenant to pay the difference between the maximum monthly benefit under the program and the monthly rent under the rental agreement. Requires the authority to provide a tenant with notice of assistance received by a landlord on the tenant's behalf.
Sponsors
David Niezgodski Ronnie Alting Ryan Mishler
Last Action
Senator Mishler added as third author
View Details
https://lawsforlandlords.com/bill/in-2021-sb0258/

IN SB0270 Residential landlord-tenant matters.

Introduced Session

2021 Regular Session

Summary
Residential landlord-tenant matters. Makes the following changes to the residential landlord-tenant statute: (1) Increases from 10 days to 14 days the time in which a tenant has to cure a failure to pay past due rent before the landlord may terminate the lease. (2) Provides that a landlord may not initiate an eviction proceeding or otherwise terminate a tenant's lease for certain alleged violations by the tenant unless the landlord provides the tenant with at least 14 days notice and the opportunity to cure the alleged violation. (3) Specifies that a landlord that seeks to terminate for any reason a lease for: (A) a tenancy at will; or (B) a tenancy of not more than three months that extends from one period to the next; must serve advance written notice on the tenant within the statutory time frames for the determination of such tenancies. (4) In the case of a one-year rental agreement for an unfurnished rental unit, prohibits a landlord from requiring a tenant to pay as a security deposit an amount that exceeds one monthly installment of rent. (5) Requires a landlord to give a tenant at least 60 days written notice before: (A) modifying the rental agreement in any way; or (B) increasing the rent. (Current law requires a landlord to give at least 30 days written notice before modifying the rental agreement.) (6) Requires a landlord to give a tenant at least 48 hours advance notice of the landlord's intent to enter the tenant's dwelling unit. (Current law requires a landlord to give reasonable notice of the landlord's intent to enter a dwelling unit.) (7) Provides that, before a landlord may bring a court action to enforce a statutory obligation of a tenant, the landlord must: (A) serve written notice on the tenant of the tenant's noncompliance with the obligation; and (B) give the tenant at least 14 days from the date the notice is served to remedy the noncompliance. (Current law does not require the notice to be written and provides that the tenant must be given a reasonable amount of time to remedy the noncompliance.) (8) Defines: (A) "essential services" as certain utility services needed for the safe and habitable occupation by a tenant of the tenant's rental unit; and (B) "essential systems" as certain systems used to deliver essential services to a rental unit. Requires a landlord to repair or replace an essential system not later than 24 hours after being notified by a tenant that the tenant's rental unit is without essential services as a result of: (A) a malfunction in the essential system; or (B) the landlord's failure to maintain the system in good and safe working condition. (9) Provides that a tenant may enforce a statutory obligation of a landlord by: (A) providing 30 days notice to the landlord of the landlord's noncompliance with the obligation; and (B) if the landlord fails to make the repairs necessary to remedy the noncompliance, withholding from the next regular rental payment the estimated cost of the repairs and using the amount withheld to make the repairs. (10) Provides that, during the pendency of a court action brought by a tenant to enforce a statutory obligation of a landlord, the court may order the tenant to make the regular rental payments otherwise due to the landlord under the rental agreement to: (A) the clerk of the court; or (B) an attorney trust account; to be held in trust for disbursal to the prevailing party, as ordered by the court. (11) Prohibits a court or the operator of a case management system from disclosing information relating to an eviction action: (A) if the case is dismissed, or if the tenant prevails in the action or upon appeal; or (B) upon order of the court after a petition to prohibit disclosure is made by the tenant: (i) not earlier than five years after a judgment of eviction against the tenant becomes final; or (ii) at least one year after the case was filed if the case remains pending with no judgment. (12) Provides that a landlord that knowingly: (A) advertises for rent in Indiana; or (B) enters, or offers to enter into, a rental agreement for the lease of; a rental unit for which an enforcement authority has issued an order under the unsafe building law commits fraudulent leasing, a Class A misdemeanor.
Sponsors
Eddie Melton
Last Action
First reading: referred to Committee on Judiciary
View Details
https://lawsforlandlords.com/bill/in-2021-sb0270/

IN SB0155 Removal of tenant’s property.

Introduced Session

2021 Regular Session

Summary
Removal of tenant's property. Adds language to the form of notice for eviction regarding a tenant's personal property. Adds language providing that a landlord may seek a court order allowing the immediate removal and disposal of a tenant's personal property.
Sponsors
Mike Bohacek
Last Action
Senator Bohacek added as author
View Details
https://lawsforlandlords.com/bill/in-2021-sb0155/

IN HB1541 Landlord-tenant relations.

Introduced Session

2021 Regular Session

Summary
Landlord-tenant relations. Eliminates the general restriction on the authority of a county, city, town, or township concerning regulation of landlord-tenant relationship matters not specifically described by state statute. Prohibits the waiver of laws regarding retaliatory acts by a landlord.
Sponsors
Ethan Manning James Buck
Last Action
First reading: referred to Committee on Local Government
View Details
https://lawsforlandlords.com/bill/in-2021-hb1541/

IN HB1252 Probate and guardianship matters.

Introduced Session

2021 Regular Session

Summary
Probate and guardianship matters. Removes conflicts between probate and guardianship statutes regarding classification of claims. Requires, for purposes of the power of attorney act, that a principal may not be a minor. Creates a tenant's representative for a deceased tenant or a tenant who is under a guardianship and specifies who may accept an appointment as a tenant's representative. Protects the proceeds from the sale of real property where no estate administration has been opened within five months of the decedent's date of death from claims of all creditors. Lists the claims having priority and preference in certain circumstances. Makes a technical correction between SEA 276 and HB 1252.
Sponsors
John Young Gerald Torr Ryan Hatfield Aaron Freeman Eric Koch
Last Action
Senator Koch added as second sponsor
View Details
https://lawsforlandlords.com/bill/in-2021-hb1252/

IN HB1378 Emergency evictions.

Introduced Session

2021 Regular Session

Summary
Emergency evictions. Specifies that a landlord includes a property owner. Authorizes a landlord to seek an emergency possessory order if an occupant has no contractual relationship with the property owner or other interest in the property.
Sponsors
Ryan Lauer Ethan Manning
Last Action
First reading: referred to Committee on Judiciary
View Details
https://lawsforlandlords.com/bill/in-2021-hb1378/

IN HB1415 Bed bug control.

Introduced Session

2021 Regular Session

Summary
Bed bug control. Requires a tenant to inform the landlord if the tenant reasonably suspects the presence of bed bugs. Requires the landlord to have the dwelling inspected by a qualified inspector. Requires the landlord to inform the tenant if the inspection report indicates the presence of bed bugs. Requires the landlord to have a pest control applicator treat a dwelling that contains bed bugs. Establishes responsibilities for the tenant and landlord concerning notice, access, and costs. Allows the state chemist to adopt rules concerning bed bug inspections and the application of pesticides for bed bugs in dwelling units.
Sponsors
Gregory Porter
Last Action
First reading: referred to Committee on Public Health
View Details
https://lawsforlandlords.com/bill/in-2021-hb1415/

IN HB1143 Requests for law enforcement at rental properties.

Introduced Session

2021 Regular Session

Summary
Requests for law enforcement at rental properties. Repeals a provision in the law governing landlord-tenant relations that does the following: (1) Prohibits a political subdivision from imposing certain penalties against a tenant, an owner, or a landlord for a contact made to request law enforcement or other emergency assistance for one or more rental units if: (1) the contact is made by or on behalf of: (A) a victim or potential victim of abuse; (B) a victim or potential victim of a crime; or (C) an individual in an emergency; and (2) certain conditions apply. (2) Provides that if: (A) a political subdivision imposes penalties for other types of contacts made to request law enforcement or other emergency assistance for rental units; and (B) a request for law enforcement or emergency assistance is made by a tenant; the penalty imposed must be assessed against the tenant and may not exceed $250.
Sponsors
Justin Moed
Last Action
First reading: referred to Committee on Local Government
View Details
https://lawsforlandlords.com/bill/in-2021-hb1143/

IN HB1313 Courts and family law matters.

Introduced Session

2020 Regular Session

Summary
Courts and family law matters. Provides that a magistrate has the same powers as a judge, except the power of judicial mandate. Repeals certain sections that enumerate the powers for magistrates. Repeals the judicial technology oversight committee. Increases the filing limit for the small claims docket to not more than $8,000 (rather than $6,000, under current law). Provides that the Marion County court will divide the work of the court into various divisions, including but not limited to the following: (1) Civil. (2) Criminal. (3) Family. Provides that the Marion County court shall hold session in the: (1) community justice campus in Indianapolis; and (2) other places in Marion County as the court determines. Provides that a relocating individual who is party to a custody order or parenting time order is not required to file a notice of intent to move with the clerk of the court if: (1) the relocation has been addressed by a prior court order; or (2) the relocation will: (A) result in a decrease in the distance between the relocating individual's residence and the nonrelocating individual's residence; or (B) result in an increase of not more than 20 miles in the distance between the relocating individual's residence and the nonrelocating individual's residence. Makes conforming amendments.
Sponsors
John Young Gregory Steuerwald Eric Koch Michael Young Lonnie Randolph
Last Action
Public Law 162
View Details
https://lawsforlandlords.com/bill/in-2020-hb1313/

IN HB1103 Tenant’s rights.

Introduced Session

2020 Regular Session

Summary
Tenant's rights. Extends the time period for a "pay-or-quit" notice from 10 to 14 days, and removes a provision permitting termination of a rental agreement without notice. Allows a prevailing tenant in a landlord-tenant case to expunge records relating to the action. Establishes a procedure permitting a tenant to withhold rent from a landlord and deposit it with a court if the landlord has failed to comply with the landlord's statutory obligations, or if the rental unit is in violation of an ordinance, rule, code or other law, and the violation may materially affect the health or safety of a tenant. Specifies the circumstances under which withheld rent may be returned, and authorizes a court to release some or all of the withheld rent to the tenant to permit the tenant to remedy the violation. Establishes a rental escrow fee of 1% of the amount of the withheld rent to be deposited in the clerk's record perpetuation fund. Makes other changes and conforming amendments.
Sponsors
Robin Shackleford
Last Action
First reading: referred to Committee on Judiciary
View Details
https://lawsforlandlords.com/bill/in-2020-hb1103/

IN HB1295 Fire and building safety matters.

Introduced Session

2020 Regular Session

Summary
Fire and building safety matters. Requires carbon monoxide alarms in hotels, motels, and dwellings. Defines "carbon monoxide alarm". Prohibits the fire prevention and building safety commission or another state agency from adopting rules requiring the installation of an arc fault circuit interrupter. Prohibits a political subdivision from adopting an ordinance or other regulation requiring the installation of an arc fault circuit interrupter.
Sponsors
Dale DeVon
Last Action
First reading: referred to Committee on Veterans Affairs and Public Safety
View Details
https://lawsforlandlords.com/bill/in-2020-hb1295/

IN SB0442 Residential landlord-tenant matters.

Introduced Session

2020 Regular Session

Summary
Residential landlord-tenant matters. Makes the following changes to the residential landlord-tenant statute: (1) Increases from 10 days to 14 days the time in which a tenant has to cure a failure to pay past due rent before the landlord may terminate the lease. (2) Provides that a landlord may not initiate an eviction proceeding or otherwise terminate a tenant's lease for certain alleged violations by the tenant unless the landlord provides the tenant with at least 14 days notice and the opportunity to cure the alleged violation. (3) Specifies that a landlord that seeks to terminate for any reason a lease for: (A) a tenancy at will; or (B) a tenancy of not more than three months that extends from one period to the next; must serve advance written notice on the tenant within the statutory time frames for the determination of such tenancies. (4) In the case of a one-year rental agreement for an unfurnished rental unit, prohibits a landlord from requiring a tenant to pay as a security deposit an amount that exceeds one monthly installment of rent. (5) Requires a landlord to give a tenant at least 60 days written notice before: (A) modifying the rental agreement in any way; or (B) increasing the rent. (Current law requires a landlord to give at least 30 days written notice before modifying the rental agreement in any way.) (6) Requires a landlord to give a tenant at least 48 hours advance notice of the landlord's intent to enter the tenant's dwelling unit. (Current law requires a landlord to give reasonable notice of the landlord's intent to enter a dwelling unit.) (7) Provides that, before a landlord may bring a court action to enforce a statutory obligation of a tenant, the landlord must: (A) serve written notice on the tenant of the tenant's noncompliance with the obligation; and (B) give the tenant at least 14 days from the date the notice is served to remedy the noncompliance. (Current law does not require the notice to be written and provides that the tenant must be given a reasonable amount of time to remedy the noncompliance.) (8) Defines: (A) "essential services" as certain utility services needed for the safe and habitable occupation by a tenant of the tenant's rental unit; and (B) "essential systems" as certain systems used to deliver essential services to a rental unit. Requires a landlord to repair or replace an essential system not later than 24 hours after being notified by a tenant that the tenant's rental unit is without essential services as a result of: (A) a malfunction in the essential system; or (B) the landlord's failure to maintain the system in good and safe working condition. (9) Provides that a tenant may enforce a statutory obligation of a landlord by: (A) providing 30 days notice to the landlord of the landlord's noncompliance with the obligation; and (B) if the landlord fails to make the repairs necessary to remedy the noncompliance, withholding from the next regular rental payment the estimated cost of the repairs and using the amount withheld to make the repairs. (10) Provides that, during the pendency of a court action brought by a tenant to enforce a statutory obligation of a landlord, the court may order the tenant to make the regular rental payments otherwise due to the landlord under the rental agreement to: (A) the clerk of the court; or (B) an attorney trust account; to be held in trust for disbursal to the prevailing party, as ordered by the court. (11) Prohibits a court or the operator of a case management system from disclosing information relating to an eviction action: (A) if the case is dismissed, or if the tenant prevails in the action or upon appeal; or (B) upon order of the court after a petition to prohibit disclosure is made by the tenant: (i) not earlier than five years after a judgment of eviction against the tenant becomes final; or (ii) at least one year after the case was filed if the case remains pending with no judgment. (12) Establishes the Indiana eviction prevention and reduction program to: (A) avoid the filing of unnecessary eviction actions; and (B) reduce the number of eviction judgments entered; with respect to residential rental units. Provides that the Indiana housing and community development authority (authority) shall administer the program. Requires the authority to establish, not later than January 1, 2021, policies and procedures to implement and administer the program. (13) Provides that a landlord that knowingly: (A) advertises for rent in Indiana; or (B) enters, or offers to enter into, a rental agreement for the lease of; a rental unit for which an enforcement authority has issued an order under the unsafe building law commits fraudulent leasing, a Class A misdemeanor.
Sponsors
Eddie Melton
Last Action
First reading: referred to Committee on Judiciary
View Details
https://lawsforlandlords.com/bill/in-2020-sb0442/

IN SB0391 Property matters.

Introduced Session

2020 Regular Session

Summary
Property matters. Requires a local health officer to have information establishing probable cause of a public health law or rule violation before a court may issue certain orders concerning the property. (Current law requires reliable information.) Requires a health officer's order of abatement to include the name of the person making the complaint and requires the health officer to report to the county prosecutor certain information concerning a person who provided false information. Requires the health and hospital corporation of Marion County to post notice of an ordinance pending final action on the county's Internet web site. Requires a health officer to provide information concerning a person who made a false report concerning a communicable disease to the person against whom a false report was made. States that a dwelling is unfit for human habitation when the dwelling places a person's health or life in danger. (Current law states that the dwelling is dangerous or detrimental to life or health.) Requires a health officer to provide notice concerning an unfit dwelling and provide a reasonable amount of time to comply with the notice, and removes language providing that each day the dwelling remains unfit is a separate offense. Specifies language to be included in a notice to quit concerning personal property left on the property after eviction. Repeals the chapter requiring a landlord to transfer a tenant's abandoned personal property to a warehouseman or storage facility, and adds language providing that a landlord is not responsible for a tenant's personal property once it is abandoned. Specifies that a landlord is not responsible for a health code violation by a tenant. Reduces the fines for certain ordinance violations from: (1) $2,500 to $250; and (2) $7,500 to $750.
Sponsors
Mike Bohacek
Last Action
First reading: referred to Committee on Judiciary
View Details
https://lawsforlandlords.com/bill/in-2020-sb0391/

IN SB0424 Address confidentiality program.

Introduced Session

2020 Regular Session

Summary
Address confidentiality program. Allows a victim of harassment, human trafficking, intimidation, or invasion of privacy to participate in the address confidentiality program (program) of the office of the attorney general (office). (Currently the law allows only victims of domestic violence, sexual assault, or stalking to participate in the program.) Removes the requirement that a victim must have obtained a protective order to participate in the program. Requires that an applicant to the program provide a description of the applicant's plan to maintain the confidentiality of the applicant's new address. Provides, with certain exceptions, that if a program participant provides written notice to an individual, state or local government agency, business, or other legal entity: (1) the entity shall use the address designated by the office; (2) the entity may not disclose the program participant's address; and (3) if the entity is a landlord, the entity may not display the program participant's name at the protected address. Allows the office to revoke a person's participation in the program or deny an applicant's application if the person: (1) uses or intends to use the program in furtherance of a crime; (2) knowingly misrepresents in a fraudulent manner any information the program participant or applicant provides to the program; or (3) is unable or unwilling to maintain the confidentiality of the program participant's or applicant's address. Establishes the circumstances under which a program participant's address may be disclosed in a court proceeding and requires the court to issue an appropriate order to limit any further disclosure. Repeals a statute providing that a program participant who provides false information on a program application commits perjury.
Sponsors
Linda Rogers Susan Glick Timothy Lanane Eric Koch Lonnie Randolph Michael Crider Karen Engleman John Bartlett Donna Schaibley
Last Action
Public Law 149
View Details
https://lawsforlandlords.com/bill/in-2020-sb0424/

IN HB1217 Emergency evictions.

Introduced Session

2020 Regular Session

Summary
Emergency evictions. Specifies that a landlord includes a property owner. Authorizes a landlord to seek an emergency possessory order if an occupant has no contractual relationship with the property owner or other interest in the property.
Sponsors
Ryan Lauer Ethan Manning
Last Action
Representative Manning added as coauthor
View Details
https://lawsforlandlords.com/bill/in-2020-hb1217/

IN SB0359 Landlord-tenant relations.

Introduced Session

2020 Regular Session

Summary
Landlord-tenant relations. Amends the statute concerning landlord-tenant relations as follows: (1) Specifies that the notice from a landlord to a tenant of the 10 day period in which a tenant may cure a failure to pay past due rent before the landlord may terminate the lease must: (A) be in writing; and (B) specify the amount of rent and any late fees owed by the tenant to remedy the breach. (Current law does not require the notice of a tenant's right to cure to be in writing or to specify the amount of rent and late fees owed.) (2) Provides that with respect to a rental agreement that is subject to the residential landlord-tenant statutes, a landlord may not initiate an eviction proceeding or otherwise terminate a tenant's lease for certain alleged violations by the tenant unless the landlord provides the tenant with at least 10 days written notice and the opportunity to cure the alleged violation. (3) Specifies that a landlord that seeks to terminate for any reason a lease for: (A) a tenancy at will; or (B) a tenancy of not more than three months that extends from one period to the next; must serve advance written notice on the tenant within the statutory time frames for the determination of such tenancies. (4) With respect to a rental agreement that is subject to the residential landlord-tenant statutes, provides that: (A) before entering into or renewing a rental agreement with a tenant after June 30, 2020, the landlord shall reduce the rental agreement to writing and provide the tenant with a copy of the rental agreement that sets forth the terms and conditions concerning the use and occupancy of the rental unit, including certain specified information; and (B) at the time of consummation of the rental agreement, the landlord shall obtain the signature of each tenant responsible for paying rent under the rental agreement and shall furnish each such tenant with a copy of the written and signed rental agreement. (5) With respect to a rental agreement that is subject to the residential landlord-tenant statutes, requires a landlord to give a tenant at least 60 days written notice before: (A) modifying the rental agreement in any way; or (B) increasing the rent. (Current law requires a landlord to give at least 30 days written notice before modifying the rental agreement in any way.)
Sponsors
James Merritt
Last Action
First reading: referred to Committee on Judiciary
View Details
https://lawsforlandlords.com/bill/in-2020-sb0359/

IN SB0340 Private property matters.

Introduced Session

2020 Regular Session

Summary
Private property matters. Requires a conveyance, a mortgage, or an instrument of writing to be recorded to be: (1) acknowledged by the grantor; and (2) proven before certain specified individuals; in certain instances. Requires the summons accompanying a complaint for condemnation to include language regarding the defendant's right to object to the condemnation within 30 days from the date notice is served. Requires a court to award reasonable costs and attorney's fees to a defendant whose objection to a complaint for condemnation is sustained. Caps the amount of attorney's fees a court may award if an objection to a condemnation is sustained at $25,000. Exempts a condemnation action brought by a public utility or by a pipeline company from the bill's provisions requiring a court to award a defendant in a condemnation action the defendant's reasonable costs and attorney's fees if the defendant's objections to the proceedings are sustained in the proceedings or upon appeal. Requires a municipality to provide notice by mail to affected owners, both residents and nonresidents of the municipality, of a condemnation. Permits an affected owner to file an objection that a municipality does not have the right to exercise the power of eminent domain for the use sought. Amends the time for a remonstrance hearing for a municipal condemnation and the defendant's right to judicial review of the decision made at the hearing to 30 days. (Current law requires a remonstrance hearing to be set no less than 10 days after notice and the defendant to appeal the decision within 20 days.) Provides parties the right to appeal a court's judgment in the judicial review of a municipal condemnation. Revises the statute allowing a municipality to condemn property for economic development to require a 3/4 affirmative vote of the municipality's legislative body to exercise the power of eminent domain. (Current law requires a 2/3 affirmative vote of the municipality's legislative body.) Allows a property owner to challenge a condemnation for economic development purposes by providing clear and convincing evidence that the owner's parcel is not necessary for the project.
Sponsors
Victoria Spartz Eric Koch James Buck Jeff Raatz Linda Rogers Lonnie Randolph David Wolkins Ethan Manning
Last Action
Public Law 80
View Details
https://lawsforlandlords.com/bill/in-2020-sb0340/

IN HB1587 Dwelling unit lead hazards and student testing. Provides that, beginning with children who enroll in school for the school year beginning in 2020, the governing body of a school corporation shall require every child under six years of age who enrolls in a school operated by the school corporation to have a blood lead test. Defines “dwelling unit lead hazard” as: (1) the presence of lead-based paint on a wall of a dwelling unit; (2) the presence of lead-contaminated soil outside a dwelling unit; or (3) the presence of lead in the drinking water system of a dwelling unit. Prohibits renting a dwelling unit to a tenant family that includes a child not more than six years of age if the dwelling unit is subject to a dwelling unit lead hazard. Provides that a landlord who knowingly or intentionally: (1) violates the prohibition; (2) represents to a tenant family that the tenant family may waive the prohibition; (3) misrepresents the age of a member of a tenant family to conceal a violation of the prohibition; or (4) induces a member of a tenant family to misrepresent the age of another member of the tenant family to conceal a violation of the prohibition; commits a Class C misdemeanor.

Introduced Session

2019 Regular Session

Summary
Dwelling unit lead hazards and student testing. Provides that, beginning with children who enroll in school for the school year beginning in 2020, the governing body of a school corporation shall require every child under six years of age who enrolls in a school operated by the school corporation to have a blood lead test. Defines "dwelling unit lead hazard" as: (1) the presence of lead-based paint on a wall of a dwelling unit; (2) the presence of lead-contaminated soil outside a dwelling unit; or (3) the presence of lead in the drinking water system of a dwelling unit. Prohibits renting a dwelling unit to a tenant family that includes a child not more than six years of age if the dwelling unit is subject to a dwelling unit lead hazard. Provides that a landlord who knowingly or intentionally: (1) violates the prohibition; (2) represents to a tenant family that the tenant family may waive the prohibition; (3) misrepresents the age of a member of a tenant family to conceal a violation of the prohibition; or (4) induces a member of a tenant family to misrepresent the age of another member of the tenant family to conceal a violation of the prohibition; commits a Class C misdemeanor.
Sponsors
Sue Errington Pat Boy
Last Action
First reading: referred to Committee on Family, Children and Human Affairs
View Details
https://lawsforlandlords.com/bill/in-2019-hb1587/

IN SB0524 Residential landlord-tenant matters. Makes the following changes to the residential landlord-tenant statute: (1) Increases from 10 days to 14 days the time in which a tenant has to cure a failure to pay past-due rent before the landlord may terminate the lease. (2) Provides that a landlord may not initiate an eviction proceeding or otherwise terminate a tenant’s lease for certain alleged violations by the tenant unless the landlord provides the tenant with at least 14 days notice and the opportunity to cure the alleged violation. (3) Specifies that a landlord that seeks to terminate for any reason a lease for: (A) a tenancy at will; or (B) a tenancy of not more than three months that extends from one period to the next; must serve advance written notice on the tenant within the statutory time frames for the determination of such tenancies. (4) In the case of a one-year rental agreement for a unfurnished rental unit, prohibits a landlord from requiring a tenant to pay as a security deposit an amount that exceeds one monthly installment of rent. (5) Requires a landlord to give a tenant at least 60 days written notice before: (A) modifying the rental agreement in any way; or (B) increasing the rent. (Current law requires a landlord to give at least 30 days written notice before modifying the rental agreement in any way.) (6) Requires a landlord to give a tenant at least 48 hours advance notice of the landlord’s intent to enter the tenant’s dwelling unit. (Current law requires a landlord to give reasonable notice of the landlord’s intent to enter a dwelling unit.) (7) Provides that before a landlord may bring a court action to enforce a statutory obligation of a tenant, the landlord must: (A) serve written notice on the tenant of the tenant’s noncompliance with the obligation; and (B) give the tenant at least 14 days from the date the notice is served to remedy the noncompliance. (Current law does not require the notice to be written and provides that the tenant must be given a reasonable amount of time to remedy the noncompliance.) (8) Defines: (A) “essential services” as certain utility services needed for the safe and habitable occupation by a tenant of the tenant’s rental unit; and (B) “essential systems” as certain systems used to deliver essential services to a rental unit. Requires a landlord to repair or replace an essential system not later than 24 hours after being notified by a tenant that the tenant’s rental unit is without essential services as a result of: (A) a malfunction in the essential system; or (B) the landlord’s failure to maintain the system in good and safe working condition. (9) Provides that a tenant may enforce a statutory obligation of a landlord by: (A) providing 30 days notice to the landlord of the landlord’s noncompliance with the obligation; and (B) if the landlord fails to make the repairs necessary to remedy the noncompliance, withholding from the next regular rental payment the estimated cost of the repairs and using the amount withheld to make the repairs. (10) Provides that during the pendency of a court action brought by a tenant to enforce a statutory obligation of a landlord, the court may order the tenant to make the regular rental payments otherwise due to the landlord under the rental agreement to: (A) the clerk of the court; or (B) an attorney trust account; to be held in trust for disbursal to the prevailing party, as ordered by the court. (11) Prohibits a court or the operator of a case management system from disclosing information relating to an eviction action: (A) if the case is dismissed, or if the tenant prevails in the action or upon appeal; or (B) upon order of the court after a petition to prohibit disclosure is made by the tenant: (i) not earlier than five years after a judgment of eviction against the tenant becomes final; or (ii) at least one year after the case was filed if the case remains pending with no judgment. (12) Establishes the Indiana eviction prevention and reduction program to: (A) avoid the filing of unnecessary eviction actions; and (B) reduce the number of eviction judgments entered; with respect to residential rental units. Provides that the Indiana housing and community development authority (authority) shall administer the program. Requires the authority to establish, not later than January 1, 2020, policies and procedures to implement and administer the program. (13) Provides that a landlord that knowingly: (A) advertises for rent in Indiana; or (B) enters, or offers to enter into, a rental agreement for the lease of; a rental unit for which an enforcement authority has issued an order under the unsafe building law; commits fraudulent leasing, a Class A misdemeanor.

Introduced Session

2019 Regular Session

Summary
Residential landlord-tenant matters. Makes the following changes to the residential landlord-tenant statute: (1) Increases from 10 days to 14 days the time in which a tenant has to cure a failure to pay past-due rent before the landlord may terminate the lease. (2) Provides that a landlord may not initiate an eviction proceeding or otherwise terminate a tenant's lease for certain alleged violations by the tenant unless the landlord provides the tenant with at least 14 days notice and the opportunity to cure the alleged violation. (3) Specifies that a landlord that seeks to terminate for any reason a lease for: (A) a tenancy at will; or (B) a tenancy of not more than three months that extends from one period to the next; must serve advance written notice on the tenant within the statutory time frames for the determination of such tenancies. (4) In the case of a one-year rental agreement for a unfurnished rental unit, prohibits a landlord from requiring a tenant to pay as a security deposit an amount that exceeds one monthly installment of rent. (5) Requires a landlord to give a tenant at least 60 days written notice before: (A) modifying the rental agreement in any way; or (B) increasing the rent. (Current law requires a landlord to give at least 30 days written notice before modifying the rental agreement in any way.) (6) Requires a landlord to give a tenant at least 48 hours advance notice of the landlord's intent to enter the tenant's dwelling unit. (Current law requires a landlord to give reasonable notice of the landlord's intent to enter a dwelling unit.) (7) Provides that before a landlord may bring a court action to enforce a statutory obligation of a tenant, the landlord must: (A) serve written notice on the tenant of the tenant's noncompliance with the obligation; and (B) give the tenant at least 14 days from the date the notice is served to remedy the noncompliance. (Current law does not require the notice to be written and provides that the tenant must be given a reasonable amount of time to remedy the noncompliance.) (8) Defines: (A) "essential services" as certain utility services needed for the safe and habitable occupation by a tenant of the tenant's rental unit; and (B) "essential systems" as certain systems used to deliver essential services to a rental unit. Requires a landlord to repair or replace an essential system not later than 24 hours after being notified by a tenant that the tenant's rental unit is without essential services as a result of: (A) a malfunction in the essential system; or (B) the landlord's failure to maintain the system in good and safe working condition. (9) Provides that a tenant may enforce a statutory obligation of a landlord by: (A) providing 30 days notice to the landlord of the landlord's noncompliance with the obligation; and (B) if the landlord fails to make the repairs necessary to remedy the noncompliance, withholding from the next regular rental payment the estimated cost of the repairs and using the amount withheld to make the repairs. (10) Provides that during the pendency of a court action brought by a tenant to enforce a statutory obligation of a landlord, the court may order the tenant to make the regular rental payments otherwise due to the landlord under the rental agreement to: (A) the clerk of the court; or (B) an attorney trust account; to be held in trust for disbursal to the prevailing party, as ordered by the court. (11) Prohibits a court or the operator of a case management system from disclosing information relating to an eviction action: (A) if the case is dismissed, or if the tenant prevails in the action or upon appeal; or (B) upon order of the court after a petition to prohibit disclosure is made by the tenant: (i) not earlier than five years after a judgment of eviction against the tenant becomes final; or (ii) at least one year after the case was filed if the case remains pending with no judgment. (12) Establishes the Indiana eviction prevention and reduction program to: (A) avoid the filing of unnecessary eviction actions; and (B) reduce the number of eviction judgments entered; with respect to residential rental units. Provides that the Indiana housing and community development authority (authority) shall administer the program. Requires the authority to establish, not later than January 1, 2020, policies and procedures to implement and administer the program. (13) Provides that a landlord that knowingly: (A) advertises for rent in Indiana; or (B) enters, or offers to enter into, a rental agreement for the lease of; a rental unit for which an enforcement authority has issued an order under the unsafe building law; commits fraudulent leasing, a Class A misdemeanor.
Sponsors
Eddie Melton
Last Action
First reading: referred to Committee on Commerce and Technology
View Details
https://lawsforlandlords.com/bill/in-2019-sb0524/

IN SB0615 Lead poisoning of children. Requires the state department of health to develop and distribute to primary health care providers a one page informational form that sets forth a series of questions for a child’s family concerning the child’s exposure to lead and directs a primary health care provider to have a child’s blood tested for lead if the child’s family gives certain answers to the questions. Requires a primary health care provider who provides well child health care services to a child less than six years of age to recommend a blood lead screening test under certain circumstances and to order a blood lead screening test under certain circumstances. Provides an exception if the parents of the child object to the blood lead screening test on religious grounds. Establishes requirements for blood lead screening tests and confirmatory blood lead screening tests. Requires a clinical laboratory that performs an analysis of the blood of a child for lead to report the results to the state health commissioner (commissioner). Provides that the commissioner, when provided test results showing that a child has a blood lead level of at least five micrograms per deciliter, is required to order a public health lead investigation to determine the source of the child’s lead poisoning if the child is less than six years of age, and may order a public health lead investigation if the child is more than six but less than 16 years of age. Provides that the public health lead investigation must include an onsite investigation of the child’s residential unit, child care center, or school if the child has a blood lead level of at least 10 micrograms per deciliter. Provides that the commissioner must require a public health lead risk assessment of a child’s residential unit, child care center, or school upon determining that the property is a possible source of the child’s lead poisoning. Provides that if the public health lead risk assessment indicates that one or more lead hazards in the residential unit, child care center, or school are contributing to a child’s lead poisoning, the commissioner shall issue an order to have each lead hazard controlled. Requires the owner or manager of the residential unit, child care center, or school to choose from among certain acceptable methods to control each lead hazard specified in the commissioner’s order. Requires the commissioner to issue a noncompliance order prohibiting the use of the property if the owner or manager of the residential unit, child care center, or school does not comply with the lead hazard control order. Requires the commissioner to lift a lead hazard control order when all lead hazards specified in the control order have been sufficiently controlled.

Introduced Session

2019 Regular Session

Summary
Lead poisoning of children. Requires the state department of health to develop and distribute to primary health care providers a one page informational form that sets forth a series of questions for a child's family concerning the child's exposure to lead and directs a primary health care provider to have a child's blood tested for lead if the child's family gives certain answers to the questions. Requires a primary health care provider who provides well child health care services to a child less than six years of age to recommend a blood lead screening test under certain circumstances and to order a blood lead screening test under certain circumstances. Provides an exception if the parents of the child object to the blood lead screening test on religious grounds. Establishes requirements for blood lead screening tests and confirmatory blood lead screening tests. Requires a clinical laboratory that performs an analysis of the blood of a child for lead to report the results to the state health commissioner (commissioner). Provides that the commissioner, when provided test results showing that a child has a blood lead level of at least five micrograms per deciliter, is required to order a public health lead investigation to determine the source of the child's lead poisoning if the child is less than six years of age, and may order a public health lead investigation if the child is more than six but less than 16 years of age. Provides that the public health lead investigation must include an onsite investigation of the child's residential unit, child care center, or school if the child has a blood lead level of at least 10 micrograms per deciliter. Provides that the commissioner must require a public health lead risk assessment of a child's residential unit, child care center, or school upon determining that the property is a possible source of the child's lead poisoning. Provides that if the public health lead risk assessment indicates that one or more lead hazards in the residential unit, child care center, or school are contributing to a child's lead poisoning, the commissioner shall issue an order to have each lead hazard controlled. Requires the owner or manager of the residential unit, child care center, or school to choose from among certain acceptable methods to control each lead hazard specified in the commissioner's order. Requires the commissioner to issue a noncompliance order prohibiting the use of the property if the owner or manager of the residential unit, child care center, or school does not comply with the lead hazard control order. Requires the commissioner to lift a lead hazard control order when all lead hazards specified in the control order have been sufficiently controlled.
Sponsors
Jean Breaux
Last Action
First reading: referred to Committee on Health and Provider Services
View Details
https://lawsforlandlords.com/bill/in-2019-sb0615/

Must-Know Indiana Landlord-Tenant Laws

Law For Landlords

In the U.S., there are nearly 48.5 million rental units. A little over half of these rental units are owned by business entities, while the rest are owned by individual investors.

There are a lot of good reasons to own rental property in, including providing a passive income source as well as the potential for property value appreciation. Many Americans have managed to make rental property ownership their full-time job, while others might keep a few rental properties as a way of making extra income.

If you are considering becoming a landlord, you likely have a lot of questions. What regulations do landlords need to know? What should I know as a landlord in general?

Understanding landlord-tenant laws is essential for protecting yourself legally and financially. Here’s a brief guide for self-managing landlords regarding some of the most important federal and state laws.

The Fair Housing Act

The Fair Housing Act is one of the two major federal laws that impact all property managers and landlords across the country. This is a law that prohibits discrimination due to national origin, race, religion, color, disability, sex or familial status. This law applies to:

  • Renting or buying a home
  • Seeking housing assistance
  • Getting a mortgage
  • Engaging in other housing-related activities

This law extends beyond leasing where landlords are concerned. It also applies to advertising, meaning that it is illegal to market your properties to any specific group of people.

Fair Credit Reporting Act

The Fair Credit Reporting Act is a law that requires landlords to do a number of things when running a credit check. These include receiving permission from an applicant to run a credit report, informing the applicant if their credit report was the basis for adverse action or denial, and providing specific information regarding the credit reporting agency they used

Law Paint Law

It is required by landlords under federal law to disclose the presence of lead paint. They are not required to remove lead paint under federal law, but state laws might dictate otherwise. It’s important to learn about your state and municipality laws regarding lead paint in addition to the federal law.

Discrimination Law

Beyond the Federal Fair Housing Act, state and local laws might provide additional protection beyond the federal law. These might extend protections to people based on their sexual orientation, age, marital status, political association and even hairstyle.

Tenant Duties

While your tenant is responsible for some things, you should know what those things are as the landlord. Then, you can include those duties in your lease agreement. If a tenant doesn’t fulfill their duties, you may be able to provide a notice to vacate in law. Your tenants need to comply with local health and building codes to keep themselves and others safe. They also need to dispose of garbage safely and legally, and they need to use the property reasonably. That means living in the property, but unreasonable uses could include conducting business. Tenants are also responsible for keeping the property clean on a daily basis. They also can’t do anything that would disturb their neighbors, especially if you own a duplex or a similar property. A tenant must also ensure their guests also comply with these requirements. And whenever your tenant has any issues, they must notify you so that you can correct the problem.

Security Deposit Limit

Before a tenant moves in, you can charge them a security deposit. Fortunately, doesn’t have any limitations regarding the amount the deposit can be. You can set an amount based on the property’s rent or value. And you can charge a security deposit for short-term or long-term leases. Then, you can hold onto that amount for the duration of the tenant’s stay. While you can use the money from the deposit, it’s smart to keep it in a separate account. When the tenant moves out, you can make sure you have enough money to pay them back. You can outline the terms of the security deposit, such as the amount and when you will return it, in your lease agreement. That way, you and your tenant both understand the terms, and you can use similar language if you ever buy property in another state.

A Legal Lease Document

Each state and some municipalities might have laws regarding the lease contract. Rental contracts must abide by all laws and be legally written. It is necessary to indicate tenant names, monthly rental rates, and leasing periods clearly.

In some jurisdictions, it is required that certain legal disclosures be included in the lease document. Working with a lawyer to produce your rental contract can help ensure that the lease provides all of the required information and doesn’t break any federal, state, or local laws.

Required Disclosures

It is common in many states to require landlords to inform tenants about individual landlord policies, certain state laws, or specific information about the rental. It might be required that this is disclosed within the lease itself or in additional documentation.

It’s important to look into your state’s requirements about disclosures. However, some commonly required disclosures include notice of recent deaths, mold, meth contamination, or other safety or health hazards.

Providing a Safe Environment

One important landlord-tenant law has to do with the habitability of the rental unit. The definition of “safe, habitable condition” might be different between states. For this reason, you must familiarize yourself with the laws for landlords in your location.

Typically, this means that the property cannot have serious deficiencies. It also means that fixtures, appliances, heating, and plumbing need to be in working order. You also cannot rent out a property that is infested with pests or insects.

 Landlords are usually responsible for dealing with infestations even if the outbreak happens after the tenant moves in. However, in many states, this can be avoided by specifying that the renter is responsible for pest control.

Laws About Making Repairs

In the lease agreement, it will be outlined that the tenants are responsible for reporting necessary repairs. It then becomes the landlord’s responsibility to complete the repairs within an appropriate amount of time.

If a landlord doesn’t make a repair in a timely manner in a way that impacts the safety or health of a tenant, a tenant might have the right to withhold rent.

Security Deposits

It is common for landlords to require a security deposit from the tenant. This is in order to cover the costs of any damage the tenant causes or if they fail to pay rent. A landlord must refund the security deposit unless it is needed to cover the cost of fixing property damage or covering default rent payments.

In some states, how the security deposit is kept is dictated by the law. It is also typically required that an itemized list of deductions must be provided to the tenant if the landlord is using some of the deposit for these purposes.

The unused portion of the deposit must be returned and the itemized statement must be provided. If they aren’t, the landlord can face financial and legal repercussions.

Renters Right To Privacy

Most landlord-tenant rules and regulations cover the right to quiet enjoyment of a tenant. This means that it is their right to live on a property undisturbed. The landlord must give proper notice before entering the rental unit, which is usually 24 to 48 hours unless there is an emergency.

Landlords can only enter the rental property for valid reasons and at a reasonable time of day after giving notice.

Landlord-Tenant Laws: Essential For Protecting Yourself Legally and Financially

Without a good understanding of landlord-tenant laws, you can find yourself in a mess of legal and financial trouble. It’s therefore very important to familiarize yourself with the federal, state, and local laws regarding the rights of tenants and the responsibilities of landlords.

Are you looking for more valuable resources to serve as a guide for self-managing landlords? You can find more resources and guides here.

Reviewing Laws for Landlords

Understanding laws for landlords is essential for keeping your properties up and running. It can also protect you and your finances if you have a problematic tenant or experience other issues. Whether you just bought your first rental property or are looking to expand, you should understand how these laws affect you. That way, you won’t have to worry about losing everything. Do you want to learn more about laws for landlords? Let us know.

Please understand that because of the nature of the topic, this page has been written in a generalized form. Further guidance should be sought on the topic being searched by the landlord.

Indiana Landlord Legislation Blog

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

Governor’s Latest Executive Order

KEY FACTS: Issued:  October 15, 2020
Expires:  November 14, 2020 Caveat:
Late Fee Prohibition Remains in Effect
Through December 31, 2020 KEY ISSUES:
Rent Demands: Extends 30-day rent
demand until November 14th The 30-day
rent demand applies to ALL Landlords
(residential and commercial). Late Fees:
The Order establishes a ban […]

A Guide to Section 8 for Landlords

Over 10 million Americans are afforded federal rental assistance under a program known as Section 8 housing. This federal rental assistance can be used all over the United States, which means that all US landlords should have a basic understanding of what Section 8 is and how it works. In short, Section 8 housing provides a solution for low-income families and individuals who are in need of housing. But how does Section 8 housing work for landlords? If you’ve poked around online

Read More »

Pros and Cons of Month-to-Month Rental Leases

The real estate market is in a particularly unusual state in 2021 as the overall economy seeks to correct itself during an ongoing pandemic. One of the more surprising results of the past year is that while housing prices are going up, the cost to rent is, in many places, going down or stabilizing. Now is a great time for property owners to analyze the kind of leasing agreements they typically offer. Is month-to-month rental a better solution in the present,

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A Guide to Squatter Rights- What Landlords Absolutely Need to Know

If you’re a landlord who has recently discovered the presence of unknown tenants living in one of your properties, you’re probably wondering what to do next. Is this trespassing? Can you simply kick them out? The answer is not quite so simple, assuming these unexpected tenants are squatters. We tend to think of squatters in basic, colloquial terms: people who have moved into a property they don’t own or rent and live there without permission. However, you’ve probably also heard

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A Complete Guide to Every Step in the Eviction Process

As a landlord, your hope is to bring on high-quality tenants that abide by the lease and pay rent on time each month. However, you might be surprised at how likely it is that you could find yourself going through the eviction process at some point in your tenure. In the past few years, US eviction data was compiled and revealed just how common evictions actually are. In fact, in 2016 alone, 2.3 million evictions were filed in America. Our goal is

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The Landlord’s Guide to Rent Collection

There are over 10 million individual landlords in the United States, each with its own methods for rent collection. How a landlord collects rent, what they charge, and how they deal with late payments has to do both with their personal preferences and the laws in their state. Renting is a great way to earn side money or even a full liveable income, but there are many things to consider before you begin looking for tenants. If you have a property you’re interested

Read More »

What to Know Before Creating an LLC for a Rental Property

Interested in joining the more than 11 million real estate investors making money off rental properties? It’s a form of potentially passive income with great appeal, but like any investment, it also comes with potential risks. One way to mitigate risk is by setting up a business that would own the property rather than buying it in your own name. Creating an LLC for a rental property can help manage income, taxes, and liability for your rental business. If you’ve been wondering,

Read More »

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