2006 Indiana Code - CHAPTER 5. RENTAL AGREEMENTS; RIGHT OF ACCESS
IC 32-31-5Chapter 5. Rental Agreements; Right of Access
IC 32-31-5-1
Applicability of chapter
Sec. 1. (a) This chapter applies only to a rental agreement entered
into or renewed after June 30, 1999.
(b) This chapter applies to a landlord or tenant only if the rental
agreement was entered into or renewed after June 30, 1999.
(c) A waiver of this chapter by a landlord or tenant, including a
former tenant, by contract or otherwise, is void.
As added by P.L.2-2002, SEC.16.
IC 32-31-5-2
Applicability of definitions
Sec. 2. Except as otherwise provided in this chapter, the
definitions in IC 32-31-3 apply throughout this chapter.
As added by P.L.2-2002, SEC.16.
IC 32-31-5-3
"Dwelling unit" defined
Sec. 3. (a) As used in this chapter, "dwelling unit" means a
structure or part of a structure that is used as a home, residence, or
sleeping unit.
(b) The term includes the following:
(1) An apartment unit.
(2) A boarding house unit.
(3) A rooming house unit.
(4) A manufactured home (as defined in IC 22-12-1-16) or
mobile structure (as defined in IC 22-12-1-17) and the space
occupied by the manufactured home or mobile structure.
(5) A single or two (2) family dwelling.
As added by P.L.2-2002, SEC.16.
IC 32-31-5-4
Written notice required to modify rental agreement
Sec. 4. Unless otherwise provided by a written rental agreement
between a landlord and tenant, a landlord shall give the tenant at
least thirty (30) days written notice before modifying the rental
agreement.
As added by P.L.2-2002, SEC.16.
IC 32-31-5-5
Tenant's personal property
Sec. 5. (a) Except as provided in IC 16-41-27-29, IC 32-31-3, or
IC 32-31-4, a landlord may not:
(1) take possession of;
(2) remove from a tenant's dwelling unit;
(3) deny a tenant access to; or
(4) dispose of;
a tenant's personal property in order to enforce an obligation of the
tenant to the landlord under a rental agreement.
(b) The landlord and tenant may agree in a writing separate from
the rental agreement that the landlord may hold property voluntarily
tendered by the tenant as security in exchange for forbearance from
an action to evict.
As added by P.L.2-2002, SEC.16.
IC 32-31-5-6
Landlord prohibited from interfering with access, possession, or
essential services
Sec. 6. (a) This section does not apply if the dwelling unit has
been abandoned.
(b) For purposes of this section, a dwelling unit is considered
abandoned if:
(1) the tenants have failed to:
(A) pay; or
(B) offer to pay;
rent due under the rental agreement; and
(2) the circumstances are such that a reasonable person would
conclude that the tenants have surrendered possession of the
dwelling unit.
An oral or written rental agreement may not define abandonment
differently than is provided by this subsection.
(c) Except as authorized by judicial order, a landlord may not
deny or interfere with a tenant's access to or possession of the
tenant's dwelling unit by commission of any act, including the
following:
(1) Changing the locks or adding a device to exclude the tenant
from the dwelling unit.
(2) Removing the doors, windows, fixtures, or appliances from
the dwelling unit.
(3) Interrupting, reducing, shutting off, or causing termination
of any of the following to a tenant:
(A) Electricity.
(B) Gas.
(C) Water.
(D) Other essential services.
However, the landlord may interrupt, shut off, or terminate
service as the result of an emergency, good faith repairs, or
necessary construction. This subdivision does not require a
landlord to pay for services described in this subdivision if the
landlord has not agreed, by an oral or written rental agreement,
to do so.
(d) A tenant may not interrupt, reduce, shut off, or cause
termination of:
(1) electricity;
(2) gas;
(3) water; or
(4) other essential services;
to the dwelling unit if the interruption, reduction, shutting off, or
termination of the service will result in serious damage to the rental
unit.
As added by P.L.2-2002, SEC.16.
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