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

Child care availability and affordability. Urges the legislative council to assign to an appropriate interim study committee the topic of availability and affordability of child care in Indiana. Requires the interim study committee to which the topic is assigned to: (1) consider means by which the availability and affordability of child care services in Indiana can be increased; and (2) not later than November 1, 2022, submit to the general assembly a strategic plan for increasing the availability and affordability of child care services in Indiana.

First reading: referred to Committee on Rules and Legislative Procedures

Payments to retirement fund members. Provides for a $250 payment in 2022 to members of the Indiana state teachers' retirement fund and public employees' retirement fund from the funds made available to the state under the American Rescue Plan Act of 2021. Provides for an additional $250 payment in 2022 to members of the Indiana state teachers' retirement fund and public employees' retirement fund who received less than $20,000 in retirement benefits during calendar year 2020. Makes an appropriation to the board of trustees of the Indiana public retirement system.

First reading: referred to Committee on Ways and Means

Residential eviction actions. Defines an "eviction action information provider" as a person that compiles, furnishes, or publishes information that: (1) concerns an eviction action that is filed in a court in Indiana; and (2) is available in records kept by a clerk of a court in Indiana with jurisdiction over the eviction action (eviction action information). Prohibits an eviction action information provider from knowingly compiling, furnishing, or publishing eviction action information if: (1) a court has issued an order under the bill's provisions prohibiting disclosure of any records in the eviction action; (2) the record of the eviction action has otherwise been restricted by: (A) a court order; or (B) court rules; and is marked as restricted from public disclosure or is removed from public access; or (3) the eviction action information provider knows that the eviction action information is inaccurate. Prohibits an eviction action information provider from knowingly compiling, furnishing, or publishing eviction action information if the eviction action information fails to reflect material changes to the official record occurring at least 60 days before the date the eviction action information is compiled, furnished, or published. Provides that a violation of these provisions is a deceptive act that is actionable under the deceptive consumer sales act. Requires the plaintiff in a residential eviction action to file a motion to dismiss the action if the case is resolved between the parties at any time before final adjudication, unless the plaintiff is seeking damages. Provides that if, at any time after an eviction action is filed, no action has been taken by the plaintiff to further prosecute the case for a period of at least 180 days, the court shall provide to the parties written notice: (1) stating the date of the most recent action taken by the plaintiff in the case; and (2) directing the plaintiff to take action to either: (A) further prosecute the case; or (B) dismiss the case; not later than 10 business days after the date of the notice. Provides that if the plaintiff fails to take any action within the prescribed time: (1) the defendant may petition the court to dismiss the case; or (2) the court on its own motion may dismiss the case. Provides that a residential eviction diversion program may not be offered or operated on a statewide or local basis unless: (1) participation in the program is voluntary for all parties; and (2) a local, state, or federal rental assistance program is operational, and funding is available to the parties. Requires the court in which an eviction action is filed to order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, subject to certain exceptions, if any of the following occur: (1) The action is dismissed. (2) A judgment in favor of the tenant is entered. (3) A judgment against the tenant is later overturned or vacated on appeal. (4) After a judgment is entered against the tenant, the tenant pays all amounts owed to the landlord, resulting in the dismissal of a damages hearing. Provides that if: (1) an eviction action, regardless of when it was filed, results in one of the specified outcomes allowing for the nondisclosure of records in the action; and (2) the court does not issue an order prohibiting the disclosure of any records in the action; the tenant in the action may petition the court in which the eviction action was filed to issue an order prohibiting the disclosure of any records in the action in accordance with the bill's provisions. Provides that the court may: (1) issue an order prohibiting the disclosure of any records in the action; or (2) set the matter for a hearing. Provides that the petitioner bears the burden of proof in any hearing set by the court. Requires the clerk of court or other court administrator to: (1) track all eviction actions with respect to which a nondisclosure order is issued by the court; and (2) on an annual basis: (A) compile, as aggregate data that is subject to public inspection, the information tracked; and (B) include the compiled data in the statutorily required statistical data provided to the office of judicial administration (office) on a periodic basis. Requires the office to include the data provided by the courts in the Indiana Judicial Report.

Signed by the Speaker

Disclosure of eviction information. Prohibits a court or the operator of a case management system from disclosing information relating to an eviction action: (1) if the case is dismissed or if the tenant prevails in the action or upon appeal; or (2) upon order of the court after a petition to prohibit disclosure is made by the tenant: (A) not earlier than seven years after a judgment of eviction against the tenant becomes final; or (B) at least one year after the case was filed if the case remains pending with no judgment.

Senators Pol and Qaddoura added as coauthors

Eviction action information and tenant screening. Prohibits a court or the operator of a case management system from disclosing information relating to an eviction action: (1) if the case is dismissed or if the tenant prevails in the action or upon appeal; or (2) upon order of the court after a petition to prohibit disclosure is made by the tenant: (A) not earlier than three years after a judgment of eviction against the tenant becomes final; or (B) at least one year after the case was filed if the case remains pending with no judgment. Defines a "tenant screening report" as a report that: (1) is prepared from files compiled and maintained with respect to an applicant for the rental of a rental unit; and (2) describes the applicant's credit characteristics, rental history, or criminal history. Requires a landlord that denies an applicant's application for the rental of a rental unit based on information in a tenant screening report to mail a copy of the tenant screening report to the applicant. Provides requirements for the application process for an applicant who intends to use a housing choice voucher for the rental of a rental unit. Provides that if a landlord fails to mail an applicant a copy of the tenant screening report, as required under these provisions, an applicant may bring a cause of action in a court with jurisdiction.

First reading: referred to Committee on Judiciary

Small claims court procedures. Provides that a small claims court has jurisdiction over claims that do not exceed $10,000.

Public Law 125

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.

Senator Bohacek added as author

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.

First reading: referred to Committee on Judiciary

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.

First reading: referred to Committee on Judiciary

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.

Senator Mishler added as third author

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.

Public Law 184

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.

First reading: referred to Committee on Local Government

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.

First reading: referred to Committee on Judiciary

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.

Amendment #3 (Taylor G) failed; Roll Call 142: yeas 22, nays 26

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.

First reading: referred to Committee on Judiciary

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.

First reading: referred to Committee on Public Health

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.

First reading: referred to Committee on Judiciary

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.

Public Law 215

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.

First reading: referred to Committee on Judiciary

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.

Public Law 162

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.

First reading: referred to Committee on Veterans Affairs and Public Safety

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.

Representative Manning added as coauthor

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.

Public Law 149

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.

Public Law 80

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.

First reading: referred to Committee on Judiciary