2006 Indiana Code - CHAPTER 4. MOVING AND STORAGE OF TENANT\'S PROPERTY
IC 32-31-4Chapter 4. Moving and Storage of Tenant's Property
IC 32-31-4-1
"Exempt property" defined
Sec. 1. As used in this chapter, "exempt property" means personal
property that is any of the following:
(1) Medically necessary for an individual.
(2) Used by a tenant for the tenant's trade or business.
(3) Any of the following, as necessary for the tenant or a
member of the tenant's household:
(A) A week's supply of seasonably necessary clothing.
(B) Blankets.
(C) Items necessary for the care and schooling of a minor
child.
As added by P.L.2-2002, SEC.16.
IC 32-31-4-2
Court order allowing removal by landlord
Sec. 2. (a) If a landlord is awarded possession of a dwelling unit
by a court under IC 32-30-2, the landlord may seek an order from the
court allowing removal of a tenant's personal property.
(b) If the tenant fails to remove the tenant's personal property
before the date specified in the court's order issued under subsection
(a), the landlord may remove the tenant's personal property in
accordance with the order and deliver the personal property to a
warehouseman under section 3 of this chapter.
As added by P.L.2-2002, SEC.16.
IC 32-31-4-3
Delivery to warehouseman after notice to tenant; release of exempt
property
Sec. 3. (a) If a tenant has failed to remove the tenant's personal
property under section 2 of this chapter, a landlord may deliver the
personal property to a warehouseman if notice of both of the
following has been personally served on the tenant at the last known
address of the tenant:
(1) An order for removal of personal property issued under
section 2 of this chapter.
(2) The identity and location of the warehouseman.
(b) At the demand of the owner of the exempt property, the
warehouseman shall release the exempt property to the owner
without requiring payment from the owner at the time of delivery.
(c) A waiver of the provisions of section 1 of this chapter or
subsection (b) by contract or otherwise is void.
As added by P.L.2-2002, SEC.16.
IC 32-31-4-4
Lien on nonexempt property for expenses incurred by
warehouseman
Sec. 4. (a) A warehouseman that receives property under this
chapter holds a lien on all of that property that is not exempt property
to the extent of the expenses for any of the following incurred by the
warehouseman with respect to all of the property, whether exempt or
not exempt:
(1) Storage.
(2) Transportation.
(3) Insurance.
(4) Labor.
(5) Present or future charges related to the property.
(6) Expenses necessary for preservation of the property.
(7) Expenses reasonably incurred in the lawful sale of the
property.
(b) A tenant may claim the tenant's property at any time until the
sale of the property under section 5 of this chapter by paying the
warehouseman the expenses described in this section.
As added by P.L.2-2002, SEC.16.
IC 32-31-4-5
Sale of unclaimed property
Sec. 5. If a tenant does not claim the tenant's property within
ninety (90) days after receiving notice under section 3 of this chapter,
a warehouseman may sell the property received under this chapter
under IC 26-1-7-210(2).
As added by P.L.2-2002, SEC.16.
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