Introduced Version






HOUSE BILL No. 1061

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 32-31.

Synopsis: Application of landlord-tenant statutes. Provides that the residential landlord-tenant statutes apply to a rental agreement that gives the tenant an option to purchase and that is entered into after June 30, 2008.

Effective: July 1, 2008.





Day




    January 8, 2008, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 115th General Assembly (2008)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2007 Regular Session of the General Assembly.

HOUSE BILL No. 1061



    A BILL FOR AN ACT to amend the Indiana Code concerning property.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 32-31-2.9-4; (08)IN1061.1.1. -->     SECTION 1. IC 32-31-2.9-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. The residential landlord-tenant statutes do not apply to any of the following arrangements unless the arrangement was created to avoid application of the residential landlord-tenant statutes:
        (1) Residence at a rental unit owned or operated by an institution that is directly related to detention or the provision of medical care, maternity home care, education, counseling, religious service, geriatric service, or a similar service.
        (2) Occupancy under a contract of sale of a rental unit or the property of which the rental unit is a part if the occupant is the purchaser or a person who succeeds to the purchaser's interest. However, the residential landlord-tenant statutes apply to occupancy of a rental unit under a rental agreement described in IC 32-31-3-7(b).
        (3) Occupancy by a member of a fraternal or social organization in the part of a structure operated for the benefit of the

organization.
        (4) Transient occupancy in a hotel, motel, or other lodging.
        (5) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in or about the premises.
        (6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.
        (7) Occupancy under a rental agreement covering property used by the occupant primarily for agricultural purposes.

SOURCE: IC 32-31-3-7; (08)IN1061.1.2. -->     SECTION 2. IC 32-31-3-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7. (a) As used in this chapter, "rental agreement" means an agreement together with any modifications, embodying the terms and conditions concerning the use and occupancy of a rental unit.
     (b) The term includes an agreement, regardless of what the agreement is called, that satisfies the following:
        (1) The agreement is entered into after June 30, 2008.
        (2) The agreement provides for a rental period, explicitly or implicitly, regardless of the term of the rental period.
        (3) The agreement contains an option to purchase.

SOURCE: IC 32-31-7-1; (08)IN1061.1.3. -->     SECTION 3. IC 32-31-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. (a) Except as provided in subsection (b), this chapter applies only to dwelling units that are let for rent under a rental agreement entered into after June 30, 2002.
    (b) This chapter does not apply to dwelling units that are let for rent with an option to purchase under an agreement entered into before July 1, 2008.
SOURCE: IC 32-31-8-1; (08)IN1061.1.4. -->     SECTION 4. IC 32-31-8-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. (a) Except as provided in subsection (b), this chapter applies only to dwelling units that are let for rent under a rental agreement entered into after June 30, 2002.
    (b) This chapter does not apply to dwelling units that are let for rent with an option to purchase under an agreement entered into before July 1, 2008.