Reprinted
January 26, 2010
HOUSE BILL No. 1073
_____
DIGEST OF HB 1073
(Updated January 25, 2010 7:51 pm - DI 75)
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.
Fry
, Van Haaften
, Walorski
, Neese
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.
Reprinted
January 26, 2010
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1073
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 32-31-6-3; (10)HB1073.2.1. -->
SECTION 1. IC 32-31-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. The following may
file a petition for an emergency possessory order under this chapter:
(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.
SOURCE: IC 32-31-6-4; (10)HB1073.2.2. -->
SECTION 2. IC 32-31-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4.
(a) This section
applies if:
(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.
SOURCE: IC 32-31-6-4.5; (10)HB1073.2.3. -->
SECTION 3. IC 32-31-6-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 4.5. (a) This section applies if a tenant seeks relief
under section 3(1)(B) 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 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.
SOURCE: IC 32-31-6-6; (10)HB1073.2.4. -->
SECTION 4. IC 32-31-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) At the emergency
hearing, if the court finds
probable cause to believe either of the
following, the court shall issue an emergency order under
subsection (b) or (c):
(1)
probable cause to believe that The landlord has violated or
threatened to violate IC 32-31-5-6, and
(2) that the tenant will
suffer immediate and serious injury, loss, or damage.
(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.
SOURCE: IC 32-31-6-9; (10)HB1073.2.5. -->
SECTION 5. IC 32-31-6-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. If the court sets a
subsequent hearing under section 6(c) 6(e) 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.
SOURCE: IC 32-31-6-10; (10)HB1073.2.6. -->
SECTION 6. IC 32-31-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. The adjudication of
an emergency possessory claim under section 6(b), 6(c), 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.
SOURCE: IC 32-31-9-3; (10)HB1073.2.7. -->
SECTION 7. IC 32-31-9-3, AS ADDED BY P.L.22-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: 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.
(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).