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IC 32-31-9-1
Application; waiver
Sec. 1. (a) This chapter applies only to a rental agreement for a
dwelling unit that is entered into or renewed after June 30, 2007.
(b) This chapter applies to a landlord or tenant only with respect
to a rental agreement for a dwelling unit that is entered into or
renewed after June 30, 2007.
(c) A waiver of this chapter by a landlord or current or former
tenant, by contract or otherwise, is void.
As added by P.L.22-2007, SEC.2.
IC 32-31-9-2
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.22-2007, SEC.2.
IC 32-31-9-3
"Applicable offense"
Sec. 3. As used in this chapter, "applicable offense" refers to any
of the following:
(1) A crime involving domestic or family violence (as defined
in IC 35-41-1-6.5).
(2) A sex offense under IC 35-42-4.
(3) Stalking under IC 35-45-10.
As added by P.L.22-2007, SEC.2.
IC 32-31-9-4
"Applicant"
Sec. 4. As used in this chapter, "applicant" means an individual
who applies to a landlord to enter into a lease of a dwelling unit.
As added by P.L.22-2007, SEC.2.
IC 32-31-9-5
"Dwelling unit"
Sec. 5. As used in this chapter, "dwelling unit" has the meaning
set forth in IC 32-31-5-3.
As added by P.L.22-2007, SEC.2.
IC 32-31-9-6
"Perpetrator"
Sec. 6. As used in this chapter, "perpetrator" means an individual
who:
(1) has been convicted of; or
(2) for purposes of a civil protection order, has been determined
to have committed;
an applicable offense.
IC 32-31-9-7
"Protected individual"
Sec. 7. As used in this chapter, "protected individual" means a
tenant or applicant:
(1) who is:
(A) a victim; or
(B) an alleged victim;
of an applicable offense; and
(2) who has received either of the following:
(A) A civil order for protection issued or recognized by a
court under IC 34-26-5 that restrains a perpetrator from
contact with the individual.
(B) A criminal no contact order that restrains a perpetrator
from contact with the individual.
As added by P.L.22-2007, SEC.2.
IC 32-31-9-8
Lease protections; prohibition of retaliation by landlord
Sec. 8. (a) A landlord may not terminate a lease, refuse to renew
a lease, refuse to enter into a lease, or retaliate against a tenant solely
because:
(1) a tenant;
(2) an applicant; or
(3) an individual who is a member of the tenant's or applicant's
household;
is a protected individual.
(b) A landlord may not refuse to enter into a lease with an
applicant or retaliate against a tenant solely because:
(1) the tenant;
(2) the applicant; or
(3) an individual who is a member of the tenant's or applicant's
household;
has terminated a rental agreement as a protected individual under
section 12 of this chapter.
As added by P.L.22-2007, SEC.2.
IC 32-31-9-9
Change of lock requirements
Sec. 9. (a) This section applies if a perpetrator who is restrained
from contact with the tenant referred to in subsection (b) under an
order referred to in section 7(2)(A) or 7(2)(B) of this chapter is not
a tenant of the same dwelling unit as the tenant referred to in
subsection (b).
(b) A landlord shall change the locks of a tenant's dwelling unit
upon the written request of the tenant not later than forty-eight (48)
hours after the tenant gives the landlord a copy of a court order
referred to in section 7(2) of this chapter, and shall give a key to the
new locks to the tenant.
IC 32-31-9-10
Change of lock requirements if a court issues a protection or
restraining order
Sec. 10. (a) This section applies if the perpetrator who is
restrained from contact with the tenant referred to in subsection (b)
under an order referred to in section 7(2)(A) or 7(2)(B) of this
chapter is a tenant of the same dwelling unit as the tenant referred to
in subsection (b).
(b) A landlord shall change the locks of a tenant's dwelling unit,
upon the written request of the tenant, not later than twenty-four (24)
hours after the tenant provides the landlord with a copy of a court
order referred to in section 7(2) of this chapter restraining the
perpetrator referred to in subsection (a) from contact with the tenant,
and shall give a key to the new locks to the tenant.
(c) Unless the court order provided to the landlord under
subsection (b) allows the perpetrator to return to the dwelling unit to
retrieve the perpetrator's personal property, a landlord to whom
subsection (b) applies may not by any act provide the perpetrator
access to the dwelling unit.
(d) A landlord to whom subsection (b) applies is immune from
civil liability for:
(1) excluding the perpetrator from the dwelling unit under a
court order; or
(2) loss of use of or damage to personal property while the
personal property is present in the dwelling unit.
(e) A perpetrator who has been excluded from a dwelling unit
under this section remains liable under the lease with all other
tenants of the dwelling unit for rent or damages to the dwelling unit
as provided in the lease.
As added by P.L.22-2007, SEC.2.
IC 32-31-9-11
Reimbursement for lock changes; key requirements
Sec. 11. (a) A tenant who provides notice or a copy of a court
order under section 9 or 10 of this chapter shall reimburse the
landlord for the actual expense incurred by the landlord in changing
the locks.
(b) If a landlord fails to change the locks within the time set forth
in section 9(b) or 10(b) of this chapter, the tenant may change the
locks without the landlord's permission, and the landlord shall
reimburse the tenant for the actual expense incurred by the tenant in
changing the locks.
(c) If a tenant changes the locks of the tenant's dwelling unit under
subsection (b), the tenant shall give a key to the new locks to the
landlord not later than twenty-four (24) hours after the locks are
changed.
As added by P.L.22-2007, SEC.2.
IC 32-31-9-13
Rights and obligations of other adult tenants
Sec. 13. Notwithstanding:
(1) the termination of a protected individual's rights and
obligations under a rental agreement under this chapter; or
(2) the exclusion of a perpetrator of an applicable offense from
a dwelling unit under this chapter;
the rights and obligations of other adult tenants of the dwelling unit
under the rental agreement continue unaffected. A landlord is not
obligated to return or account for any security deposit associated
with the rental agreement until forty-five (45) days after the tenancy
of all tenants has terminated.
As added by P.L.22-2007, SEC.2.
IC 32-31-9-14
Liability of a perpetrator who is a tenant
Sec. 14. A perpetrator who is a tenant and who is excluded from
a dwelling unit under a court order remains liable under the lease
with other tenants of the dwelling unit for rent and for the cost of
damages to the dwelling unit.
As added by P.L.22-2007, SEC.2.
IC 32-31-9-15
Landlord or agent liability
Sec. 15. This chapter does not make a landlord or the agent of a
landlord liable for the actions of a perpetrator or a third party.
As added by P.L.22-2007, SEC.2.