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Title 32.  Property
ARTICLE 7. LANDLORD-TENANT RELATIONS
Chapter 1. General Provisions

Sec. 1. Estates at will may be determined by one (1) month's notice in writing, delivered to the tenant.  Title 32, Article 7, 1; IC 32-7-1-1

Sec. 2. A tenancy at will can not arise or be created without an express contract; and all general tenancies, except those tenancies covering lands used for agricultural purposes, in which the premises are occupied by the consent, either express or constructive, of the landlord, shall be deemed tenancies from month to month.  Title 32, Article 7, 2;  IC 32-7-1-2

Sec. 3. All tenancies from year to year, may be determined by at least three (3) months' notice given to the tenant prior to the expiration of the year; and in all tenancies which, by agreement of the parties, express or implied, are from one period to another, of less than three (3) months' duration, a notice equal to the interval between such periods shall be sufficient.  Title 32, Article 7, 3;  IC 32-7-1-3

Sec. 4. The following form of notice, or one substantially like it, may be used in the case of a tenancy from year to year, the date, names and description being changed to suit each particular case:

Georgetown, Floyd county, Indiana,
November 30, 1879.

To William Brown:
    You are hereby notified to deliver up to me, at the expiration of the current year of the tenancy, the possession of the following described premises, viz: the south-east quarter of section six, in township two, south of range five (5), east in the county of Floyd, and State of Indiana, now held of me, by you, as tenant.

Isaac R. Keller
Title 32, Article 7, 4; IC 32-7-1-4

Sec. 5. If a tenant refuses or neglects to pay rent when due, ten (10) days' notice to quit shall determine the lease, when not otherwise provided therein or agreed to by the parties, unless such rent be paid at the expiration of said ten (10) days. Title 32, Article 7, 5;   IC 32-7-1-5

Sec. 6. The following form of notice, or one substantially like it, may be used in the case of a failure or refusal to pay rent, the date, names and description being changed to suit each particular case:

New Albany, Indiana,
November 30, 1879.

To Joseph Demorest:
    You are hereby notified to deliver up to me at the expiration of ten days from the time of receiving this notice, the possession of the following premises, viz: the cottage house, with its appurtenances, situated on lot numbered ten, on Market street, in plat twenty in the city of New Albany, county of Floyd, and State of Indiana, unless the rent due for said premises is paid within that time.
                                                              Ezekiel R. Day.

Title 32, Article 7, 6, IC 32-7-1-6

Sec. 7. Where the landlord agrees with the tenant to rent the premises to him for a specified period of time, or where the time for the determination of the tenancy is specified in the contract, or where a tenant at will commits waste, or in the case of a tenant at sufferance; or where, by the express terms of the contract, the rent is to be paid in advance, and the tenant has entered, and refuses or neglects to pay the rent, and in any case where the relation of landlord and tenant does not exist, no notice to quit shall be necessary.  Title 32, Article 7, 7; IC 32-7-1-7

Sec. 8. Notice as required in sections 1 through 7 of this chapter, may be served on the tenant, or if he can not be found, by delivering the same to some person of proper age and discretion, residing on the premises, having first made known to such person the contents thereof; and if no such person can be found on the premises, then by affixing a copy of such notice to a conspicuous part of said premises.  Title 32, Article 7, 8; IC 32-7-1-8  As amended by Acts 1982, P.L.187, SEC.57.

Sec. 9. A conveyance of real estate, or of any interest therein, by a landlord, shall be valid, without the attornment of the tenant. But the payment of rent by the tenant to the grantor, at any time before notice of sale given to said tenant, shall be good against the grantee.  Title 32, Article 7, 9;  IC 32-7-1-9

Sec. 10. The attornment of a tenant to a stranger, shall be void, and shall not affect the possession of his landlord, unless it be made with the consent of the landlord, or pursuant to a judgment at law, or the order or decree of a court.  Title 32, Article 7, 10; IC 32-7-1-10

Sec. 11. Sublessees shall have the same remedy upon the original covenants against the chief landlord, as they might have had against their immediate lessor.  Title 32, Article 7, 11, IC 32-7-1-11

Sec. 12. Alienees of lessors and lessees of land shall have the same legal remedies in relation to such lands as their principals.  Title 32, Article 7, 12, IC 32-7-1-12

Sec. 13. Rents from lands granted for life or lives may be recovered as other rents. Title 32, Article 7, 13,  IC 32-7-1-13

Sec. 14. A person entitled to rents dependent on the life of another, may recover arrears unpaid at the death of such other person.  Title 32, Article 7, 14, IC 32-7-1-14

Sec. 15. Executors and administrators shall have the same remedies to recover rents, and be subject to the same liabilities to pay them as their testators and intestates.  Title 32, Article 7, 15, IC 32-7-1-15

Sec. 16. The occupant, without special contract, of any lands, shall be liable for the rent to, any person entitled thereto.  Title 32, Article 7, 16, IC 32-7-1-16

Sec. 17. When a tenant for life who shall have demised any lands, shall die on or after the day when any rent becomes due and payable, his executors or administrators may recover from the under tenant the whole rent due; if he die before the day when any rent is to become due, they may recover the proportion of rent which accrued before his death, and the remainderman shall recover the residue.  Title 32, Article 7, 17, IC 32-7-1-17

Sec. 18.
(a) In all cases where a tenant agrees to pay as rent a part of the crop raised on the leased premises, or rent in kind, or a cash rent, the landlord may have a lien on the crop raised under such contract, for the payment of such rent, which lien, if the tenant refuses or neglects to pay or deliver to the landlord such rent when due, may be enforced by sale of such crop in the same manner the lien of a chattel mortgage containing a power to sell.

(b) Any landlord desiring to acquire a lien on the crop raised under such contract, on such leased premises, shall file in the recorder's office of the county in which such leased premises is located, at any time thirty (30) days prior to the maturity of such crop, and during the year in which such crop is grown, notice of his intention to hold a lien upon such crop for the amount of such rent, specifically setting forth the amount claimed and giving a substantial description of the
lands on which such crop is being grown sufficiently precise to identify such lands.

(c) The recorder shall record the notice, when presented, in the miscellaneous record book, for which he shall receive fees in accordance with IC 36-2-7-10.

(d) All liens so created shall relate to the time of recording and shall have priority over all liens suffered or created thereafter. However, this section does not prohibit the tenant, after notice in writing to the landlord or his agent, from removing from such leased premises his own part of said growing crop, and no more than such part, and from also disposing of the same whenever the rent is to be paid in part of the crop raised, and in other cases he may remove not more than one-half (1/2) of the crop growing or matured.  Title 32, Article 7, 18; IC 32-7-1-18  As amended by P.L.98-1986, SEC.5.
Sec. 19.
(a) This section does not apply to privately owned real property for which government funds or benefits have been allocated from the United States government, the state, or a political subdivision for the express purpose of providing reduced rents to low or moderate income tenants.

(b) Regulation of rental rates for privately owned real property must be authorized by an act of the general assembly.  Title 32, Article 7, 19, IC 32-7-1-19
As added by P.L.234-1993, SEC.1.

Chapter 2.
Recording.Leases Longer Than Three Years

Sec. 1. Every lease of real estate for a longer period than three (3) years shall be recorded in the Miscellaneous Record, in the recorder's office of the county in which such lands shall be situated, and every lease for a longer period than three (3) years, not so recorded within forty-five (45) days from the execution thereof, shall be void as against any subsequent purchaser, lessee, or mortgagee, in good faith, and for a valuable consideration. Title 32, Article 7, Chap. 2, 1; IC 32-7-2-1

Chapter 5. Security Deposits

Sec. 1.
(a) This chapter applies to rental agreements, wherever made, for dwelling units located in Indiana.

(b) Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:
(1) Residence at a rental unit owned or operated by an institution, public, or private, if directly related to detention or the provision of medical, maternity home care, educational, counseling, religious, geriatric, or similar service.

(2) Occupancy under a contract of sale of a rental unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the purchaser's interest.

(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 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.  Title 32, Article 7, Chap. 5, 1;  IC 32-7-5-1 As added by P.L.277-1989, SEC.1. Amended by P.L.117-1990, SEC.4.

Sec. 2. As used in this chapter, "cooperative housing association" means a consumer cooperative that provides dwelling units to its members.  Title 32, Article 7, Chap. 5, 2; IC 32-7-5-2 As added by P.L.277-1989, SEC.1.

Sec. 3. As used in this chapter, "landlord" means the owner, lessor, or sublessor of a rental unit or the property of which the unit is a part or a person authorized to exercise any aspect of the management of the premises, including a person who, directly or indirectly, acts as a rental agent, receives rent or any part of the rent, other than as a bona fide purchaser.  Title 32, Article 7, Chap. 5, 3; IC 32-7-5-3  As added by P.L.277-1989, SEC.1.

Sec. 4. As used in this chapter, "owner" means one (1) or more persons in whom is vested, jointly or severally, all or part of the legal title to property. The term includes a mortgagee in possession or a contract purchaser in possession.  Title 32, Article 7, Chap. 5, 4; IC 32-7-5-4 As added by P.L.277-1989, SEC.1.

Sec. 5. As used in this chapter, "person" means an individual, a corporation, an association, a partnership, a governmental entity, a trust, an estate, or any other legal or commercial entity. Title 32, Article 7, Chap. 5, 5;  IC 32-7-5-5
As added by P.L.277-1989, SEC.1.

Sec. 6. As used in this chapter, "rent" includes all payments to be made to the landlord under a rental agreement except a security deposit, however denominated. Title 32, Article 7, Chap. 5, 6;  IC 32-7-5-6 As added by P.L.277-1989, SEC.1.

Sec. 7. As used in this chapter, "rental agreement" means all agreements, together with any subsequent modifications, embodying the terms and conditions concerning the use and occupancy of a rental unit. Title 32, Article 7, Chap. 5, 7;  IC 32-7-5-7
As added by P.L.277-1989, SEC.1.

Sec. 8. As used in this chapter, "rental unit" means a structure, or the part of a structure, that is used as a home, residence, or sleeping unit by one (1) individual who maintains a household or by two (2) or more individuals who maintain a common household, or any grounds, other facilities, or area promised for the use of a residential tenant including an apartment unit, boarding house, rooming house, mobile home space, and a single or two (2) family dwelling.  Title 32, Article 7, Chap. 5, 8;  IC 32-7-5-8 As added by P.L.277-1989, SEC.1.

Sec. 9.
(a) As used in this chapter, "security deposit" means a deposit paid by a tenant to the landlord or the landlord's agent to be held for the term of the rental agreement, or any part of the term, to secure performance of any obligation of the tenant under the rental agreement and includes:
(1) a required prepayment of rent other than the first full rental payment period of the lease agreement;

(2) a sum required to be paid as rent in any rental period in excess of the average rent for the term; and

(3) any other amount of money or property returnable to the tenant on condition of return of the rental unit by the tenant in condition as required by the rental agreement.
(b) The term does not include the following:
(1) An amount paid for an option to purchase under a lease with option to purchase, unless it is shown the intent was to evade this chapter.

(2) An amount paid as a subscription for or purchase of a membership in a cooperative housing association incorporated under Indiana law.  Title 32, Article 7, Chap. 5, 9; IC 32-7-5-9
As added by P.L.277-1989, SEC.1. Amended by P.L.130-1995, SEC.3.

Sec. 10. As used in this chapter, "tenant" means an individual who occupies a rental unit for residential purposes with the landlord's consent for consideration that is agreed upon by both parties.  Title 32, Article 7, Chap. 5, 10; IC 32-7-5-10
As added by P.L.277-1989, SEC.1.

Sec. 11.
(a) The following courts have original and concurrent jurisdiction in cases arising under this chapter:
(1) Each circuit court.

(2) Each superior court.

(3) Each county court.

(4) Each municipal court.

(5) Each small claims court.
(b) A case arising under this chapter may be filed on the small claims docket of a court that has jurisdiction.  Title 32, Article 7, Chap. 5, 11; IC 32-7-5-11
As added by P.L.277-1989, SEC.1.

Sec. 12.
(a) Upon termination of a rental agreement, all of the security deposit held by the landlord shall be returned to the tenant, except for any amount applied to:
(1) the payment of accrued rent;

(2) the amount of damages that the landlord has or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and

(3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement; all as itemized by the landlord in a written notice delivered to the tenant together with the amount due within forty-five (45) days after termination of the rental agreement and delivery of possession. The landlord is not liable under this chapter until supplied by the tenant in writing with a mailing address to which to deliver the notice and amount prescribed by this subsection. Unless otherwise agreed, the tenant is not entitled to apply a security deposit to rent.
(b) If the landlord fails to comply with subsection (a), the tenant may recover all of the security deposit due the tenant and reasonable attorney's fees.

(c) This section does not preclude the landlord or tenant from recovering other damages to which either is entitled.

(d) The owner of the dwelling unit at the time of the termination of the rental agreement is bound by this section.  Title 32, Article 7, Chap. 5, 12;  IC 32-7-5-12
As added by P.L.277-1989, SEC.1. Amended by P.L.274-1995, SEC.1.

Sec. 13. A security deposit may be used only for the following purposes:
(1) To reimburse the landlord for actual damages to the rental unit or any ancillary facility that are not the result of ordinary wear and tear expected in the normal course of habitation of a dwelling.
(2) To pay the landlord for all rent in arrearage under the rental agreement, and rent due for premature termination of the rental agreement by the tenant.
(3) To pay for the last payment period of a residential rental agreement where there is a written agreement between the landlord and the tenant that stipulates the security deposit will serve as the last payment of rent due.
(4) To reimburse the landlord for utility or sewer charges paid by the landlord that:
(A) are the obligation of the tenant under the rental agreement; and
(B) are unpaid by the tenant.  Title 32, Article 7, Chap. 5, 13; IC 32-7-5-13
As added by P.L.277-1989, SEC.1.

Sec. 14. In case of damage to the rental unit or other obligation against the security deposit, the landlord shall mail to the tenant, within forty-five (45) days after the termination of occupancy, an itemized list of damages claimed for which the security deposit may be used as provided in section 13 of this chapter, including the estimated cost of repair for each damaged item and the amounts and lease on which the landlord intends to assess the tenant. The list must be accompanied by a check or money order for the difference between the damages claimed and the amount of the security deposit held by the landlord.  Title 32, Article 7, Chap.5, 14, IC 32-7-5-14

As added by P.L.277-1989, SEC.1.

Sec. 15. Failure by the landlord to comply with the notice of damages requirement within the forty-five (45) days after the termination of occupancy constitutes agreement by the landlord that no damages are due, and the landlord must remit to the tenant immediately the full security deposit.  Title 32, Article 7, Chap. 5, 15; IC 32-7-5-15
As added by P.L.277-1989, SEC.1.

Sec. 16. A landlord who fails to provide a written statement within forty-five (45) days of termination of the tenancy or the return of the appropriate security deposit is liable to the tenant in an amount equal to the part of the deposit withheld by the landlord, plus reasonable attorney's fees and court costs.  Title 32, Article 7, Chap. 5, 16, IC 32-7-5-16
As added by P.L.277-1989, SEC.1.

Sec. 17. A waiver of this chapter by a landlord or tenant, by contract or otherwise, is void.  Title 32, Article 7, Chap. 5, 17, IC 32-7-5-17

As added by P.L.277-1989, SEC.1.

Sec. 18.
(a) The landlord, or any person authorized to enter into a rental agreement on the landlord's behalf, shall disclose and furnish to the tenant in writing at or before the commencement of the rental agreement the names and addresses of the following:
(1) A person residing in Indiana authorized to manage the
dwelling unit.

(2) A person residing in Indiana reasonably accessible to the tenant who is authorized to act as agent for the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands. A person authorized to manage under subdivision (1) may also be authorized to act as agent under this subdivision.
(b) This section is enforceable against any successor landlord, owner, or manager.

(c) A person who fails to comply with subsection (a) becomes an agent of each person who is a landlord for the purpose of:
(1) service of process and receiving and receipting for notices and demands; and

(2) performing the obligations of the landlord under law or the rental agreement.
(d) When the information required by subsection (a) is not disclosed at the beginning of the rental agreement, the tenant shall be allowed any expenses reasonably incurred to discover the names and addresses required to be furnished.  Title 32, Article7, Chap. 5, 18; IC 32-7-5-18
As added by P.L.277-1989, SEC.1.

Sec. 19.
(a) Unless otherwise agreed, if a landlord conveys property that includes a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser, the landlord is relieved of liability under law or the rental agreement as to events occurring after written notice to the tenant of the conveyance. However, for one (1) year after giving that notice the landlord remains liable to the tenant for the security deposit to which the tenant is entitled under section 14 of this chapter unless:
(1) the purchaser acknowledges that the purchaser has assumed the liability of the seller by giving notice to the tenant; and

(2) upon conveyance the seller transfers the security deposit to the purchaser.
(b) Unless otherwise agreed, a manager of a dwelling unit is relieved of any liability the manager might have under law or the rental agreement as to events occurring after written notice to the tenant of the termination of the manager's management.  Title 32, Article 7, Chap. 5, 19; IC 32-7-5-19
As added by P.L.277-1989, SEC.1.

Chapter 6.
Moving and Storage of Tenant's Personal Property

Sec. 1.
(a) If a landlord is awarded possession of a dwelling unit by a court under IC 32-6-1.5, 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 2 of this chapter.  Title 32, Article 7, Chap. 5, 1;  IC 32-7-6-1
As added by P.L.130-1995, SEC.4.

Sec. 2.
(a) 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.
(b) If a tenant has failed to remove the tenant's personal property under section 1 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 1 of this chapter.

(2) The identity and location of the warehouseman.
(c) 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.

(d) A waiver of the provisions of subsections (a) or (c) by contract or otherwise is void.  Title 32, Article 7, Chap. 5, 2; IC 32-7-6-2
As added by P.L.130-1995, SEC.4.

Sec. 3. (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 4 of this chapter by paying the warehouseman the expenses described in this section.  Title 32, Article 7, Chap. 5, 3; IC 32-7-6-3
As added by P.L.130-1995, SEC.4.

Sec. 4. If a tenant does not claim the tenant's property within ninety (90) days after receiving notice under section 2 of this chapter, a warehouseman may sell under IC 26-1-7-210(2)property received under this chapter.  Title 32, Article 7, Chap. 5, 4; IC 32-7-6-4

As added by P.L.130-1995, SEC.4.

Chapter 8.
Rental Agreements; Rights of Access to a Dwelling Unit and Tenant's Property

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.  Title 32, Article 7, Chap. 8, 1; IC 32-7-8-1
As added by P.L.180-1999, SEC.1.

Sec. 2.
(a) For purposes of this section, "tenant" includes a former tenant.

(b) A waiver of this chapter by a landlord or tenant, by contract or otherwise, is void.  Title 32, Article 7, Chap. 8, 2; IC 32-7-8-2
As added by P.L.180-1999, SEC.1.

Sec. 3. The definitions in IC 32-7-5 apply throughout this chapter.  Title 32, Article 7, Chap. 8, 3; IC 32-7-8-3
As added by P.L.180-1999, SEC.1.

Sec. 4.
(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 an apartment unit, a boarding house unit, a rooming house unit, a manufactured home (as defined in IC 22-12-1-16) or mobile structure (as defined in IC 22-12-1-17) used as a dwelling unit and the manufactured home's or mobile structure's space, and a single or two (2) family dwelling.  Title 32, Article 7, Chap. 8, 4; IC 32-7-8-4
As added by P.L.180-1999, SEC.1.

Sec. 5. 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. Title 32, Article 7, Chap. 8, 5;  IC 32-7-8-5

As added by P.L.180-1999, SEC.1.

Sec. 6. Except as provided in IC 16-41-27-29, IC 32-7-5, or IC 32-7-6, 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. The landlord and tenant may agree in a writing separate from the rentalagreement that the landlord may hold property voluntarily tendered by the tenant as security in exchange for forbearance from an action to evict.  Title 32, Article 7, Chap. 8, 6;  IC 32-7-8-6

As added by P.L.180-1999, SEC.1.

Sec. 7.
(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 pay, or have failed to 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 any of 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 electricity, gas, water, or other essential services to the tenant unless the interruption, shutting off, or termination results from 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 electricity, gas, water, or 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.  Title 32, Article 7, Chap. 8, 7; IC 32-7-8-7
As added by P.L.180-1999, SEC.1.

Chapter 9.
Emergency Possessory Orders

Sec. 1. The definitions in IC 32-7-5 and IC 32-7-8 apply throughout this chapter.  Title 32, Article 7, Chap. 9, 1; IC 32-7-9-1

As added by P.L.180-1999, SEC.2.

Sec. 2. The small claims docket of a court has jurisdiction to grant an emergency possessory order under this chapter.  Title 32, Article 7, Chap. 9, 2; IC 32-7-9-2
As added by P.L.180-1999, SEC.2.

Sec. 3. The following may file a petition for an emergency possessory order under this chapter:
(1) A tenant, if the landlord has violated IC 32-7-8-7.

(2) A landlord, if the tenant has committed, or threatens to commit, waste to the rental unit.  Title 32, Article 7, Chap. 9, 3; IC 32-7-9-3
As added by P.L.180-1999, SEC.2.

Sec. 4. A petition for an order under this chapter must satisfy the following:
(1) Include an allegation specifying both of the following:
(A) The violation, act, or omission caused or threatened by a landlord or tenant.

(B) The nature of the specific immediate and serious injury, loss, or damage that the landlord or tenant has suffered or will suffer if the violation, act, or omission is not enjoined.
(2) Be sworn to by the petitioner.  Title 32, Article 7, Chap. 9, 4, IC 32-7-9-4
As added by P.L.180-1999, SEC.2.

Sec. 5. If a tenant or a landlord petitions the court to issue an order under this chapter, the court shall immediately do the following:
(1) Review the petition.

(2) Schedule an emergency hearing for not later than three (3) business days after the petition is filed.  Title 32, Article 7, Chap. 9, 5; IC 32-7-9-5
As added by P.L.180-1999, SEC.2.

Sec. 6.
(a) At the emergency hearing, if the court finds:
(1) probable cause to believe that the landlord has violated or threatened to violate IC 32-7-8-7; and

(2) that the tenant will suffer immediate and serious injury, loss, or damage; the court shall issue an emergency order under subsection (b).
(b) If the court makes a finding under subsection (a), the court shall order the landlord to do either or both of the following:
(1) Return possession of the dwelling unit to the tenant if the tenant has been deprived of possession of the dwelling unit.

(2) Refrain from violating IC 32-7-8-7.
(c) The court may make other orders that the court considers just under the circumstances, including setting a subsequent hearing at the request of a party to adjudicate related claims
between the parties.  Title 32, Article 7, Chap. 9, 6; IC 32-7-9-6
As added by P.L.180-1999, SEC.2.

Sec. 7.
(a) For purposes of this section, "waste" does not include failure to pay rent.

(b) At the emergency hearing, if the court finds:
(1) probable cause to believe that the tenant has committed or threatens to commit waste to the rental unit; and

(2) that the landlord has suffered or will suffer immediate and serious injury, loss, or damage; the court shall issue an order under subsection (c).
(c) If the court makes a finding under subsection (b), the court shall order the tenant to do either or both of the following:
(1) Return possession of the dwelling unit to the landlord.

(2) Refrain from committing waste to the dwelling unit.
(d) The court may make other orders that the court considers just under the circumstances, including setting a subsequent hearing at the request of a party to adjudicate related claims between the parties.  Title 32, Article 7, Chap. 9, 7; IC 32-7-9-7
As added by P.L.180-1999, SEC.2. Amended by P.L.14-2000, SEC.65.

Sec. 8.
(a) When a petition is filed under this chapter, the clerk shall issue to the respondent a summons to appear at a hearing that:
(1) gives notice of the date, time, and place of the hearing; and

(2) informs the respondent that the respondent must appear before the court to answer the petition.
(b) The clerk shall serve the respondent with the summons to appear in accordance with Rule 4.1 of the Rules of Trial Procedure.

(c) The court shall not grant a continuance of the emergency hearing except upon clear and convincing evidence that manifest injustice would result if a continuance were not granted. Title 32, Article 7, Chap. 9, 8;  IC 32-7-9-8
As added by P.L.180-1999, SEC.2.

Sec. 9. If the court sets a subsequent hearing under section 6(c) or 7(d) of this chapter, the court may do the following at the subsequent hearing:
(1) Determine damages.

(2) Order return of a tenant's withheld property.

(3) Make other orders the court considers just under the circumstances.  Title 32, Article 7, Chap. 9, 9; IC 32-7-9-9.
As added by P.L.180-1999, SEC.2. Amended by P.L.14-2000, SEC.66.

Sec. 10. The adjudication of an emergency possessory claim under section 6(b) or 7(c) of this chapter does not bar a subsequent claim a party may have against the other party arising out of the landlord and tenant relationship unless that claim has been adjudicated under section 9 of this chapter.  Title 32, Article 7, Chap. 9, 10; IC 32-7-9-10

As added by P.L.180-1999, SEC.2. Amended by P.L.14-2000, SEC.67.                      

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