Bill Text: IN HB1073 | 2010 | Regular Session | Amended
Bill Title: Termination of residential leases.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2010-02-15 - Senator Breaux added as cosponsor [HB1073 Detail]
Download: Indiana-2010-HB1073-Amended.html
Citations Affected: IC 32-31.
Synopsis: Termination of residential leases. Provides that a tenant
leasing a dwelling may terminate a lease agreement if the tenant is the
victim of certain crimes committed in the tenant's unit. Provides that
the lease may be terminated through procedures established under the
statute providing for court issuance of emergency possessory orders for
residential rental units. Establishes the criteria for the court to consider
for termination of the tenant's lease agreement.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Public Policy.
January 20, 2010, amended, reported _ Do Pass.
January 25, 2010, read second time, amended, ordered engrossed.
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A BILL FOR AN ACT to amend the Indiana Code concerning
property.
(1) A tenant, if either of the following apply:
(A) The landlord has violated IC 32-31-5-6.
(B) Any of the following offenses have been committed in the dwelling unit of the tenant:
(i) Burglary under IC 35-43-2-1.
(ii) Residential entry under IC 35-43-2-1.5.
(iii) Criminal trespass under IC 35-43-2-2(a)(1), IC 35-43-2-2(a)(4), or IC 35-43-2-2(a)(5).
(2) A landlord, if the tenant has committed or threatens to commit waste to the rental unit.
(1) a tenant seeks relief under section 3(1)(A) of this chapter;
or
(2) the landlord seeks relief under section 3(2) of this chapter.
(b) A petition for an order under this chapter must satisfy the
following:
(1) Include an allegation specifying the following:
(A) The violation, act, or omission caused or threatened by:
(i) a landlord; or
(ii) a tenant; and
(B) The nature of the specific immediate and serious:
(i) injury;
(ii) loss; or
(iii) damage;
that the landlord or tenant has suffered or will suffer if the
violation, act, or omission is not enjoined. and
(2) Be sworn to by the petitioner.
(b) A petition for an order under this chapter must satisfy the following:
(1) Include an allegation specifying the following:
(A) The specific offense described in section 3(1)(B) of this chapter that was committed in the dwelling unit.
(B) The nature of the specific immediate and serious:
(i) injury;
(ii) loss; or
(iii) damage;
that the tenant has suffered or will suffer if the rental agreement is not terminated.
(2) Be sworn to by the petitioner.
(1)
(2) Both of the following:
(A) The tenant:
(i) is a victim of an offense described in section 3(1)(B) of
this chapter that was committed in the dwelling unit; and
(ii) will suffer, or has suffered, immediate and serious
bodily injury or harm.
(B) Termination of the rental agreement will prevent
future serious bodily injury or harm to the tenant.
the court shall issue an emergency order under subsection (b).
(b) If the court makes a finding under subsection (a), (a)(1), 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 32-31-5-6.
(c) If the court makes a finding under subsection (a)(2), the
court shall do the following:
(1) Order the tenant to return possession of the dwelling unit
to the landlord.
(2) Terminate the rental agreement.
(d) If the court acts under subsection (c), the following apply:
(1) The termination of the rental agreement is effective thirty
(30) days after the date on which the order under subsection
(c) is issued.
(2) The tenant is liable under the rental agreement for all rent
and all other amounts that are due and that become due to the
landlord until the termination date.
(3) The tenant may return possession of the dwelling unit to
the landlord on any date not later than the termination date.
(4) The tenant is not liable to the landlord for early
termination fees or liquidated damages that might otherwise
be due to the landlord under the rental agreement for early
termination.
(c) (e) 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.
(1) Determine damages.
(2) Order return of a tenant's withheld property.
(3) Make other orders the court considers just under the circumstances.
an emergency possessory claim under section 6(b), 6(c), or 7(c) of this
(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.
(4) Any of the following offenses if the offense is committed at the dwelling of the victim:
(A) Burglary under IC 35-43-2-1.
(B) Residential entry under IC 35-43-2-1.5.
(C) Criminal trespass under IC 35-43-2-2(a)(1), IC 35-43-2-2(a)(4), or IC 35-43-2-2(a)(5).
