Statutes


State Codes and Statutes

State Codes and Statutes

Statutes > Indiana > Title32 > Ar31 > Ch4

IC 32-31-4

    

Chapter 4. Moving and Storage of Tenant's Property

IC 32-31-4-1

"Exempt property" defined
    

Sec. 1. 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.
As added by P.L.2-2002, SEC.16.

IC 32-31-4-1.5

"Storage facility" defined
    

Sec. 1.5. As used in this chapter, "storage facility" means any
location approved by a court for storage of a tenant's personal
property under section 2(e) of this chapter.
As added by P.L.115-2007, SEC.1.

IC 32-31-4-2

Liability; abandoned property; court order allowing removal by
landlord
    

Sec. 2. (a) A landlord has no liability for loss or damage to a
tenant's personal property if the tenant's personal property has been
abandoned by the tenant.
    (b) For purposes of this section, a tenant's personal property is
considered abandoned if a reasonable person would conclude that the
tenant has vacated the premises and has surrendered possession of
the personal property.
    (c) An oral or a written rental agreement may not define
abandonment differently than is provided in subsection (b).
    (d) If a landlord is awarded possession of a dwelling unit by a
court under IC 32-30-2, the landlord may seek an order from the
court allowing removal of a tenant's personal property.
    (e) If the tenant fails to remove the tenant's personal property
before the date specified in the court's order issued under subsection
(d), the landlord may remove the tenant's personal property in
accordance with the order and deliver the personal property to a
warehouseman under section 3 of this chapter or to a storage facility
approved by the court.
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.2.

IC 32-31-4-3

Delivery to warehouseman or storage facility after notice to tenant;
release of exempt property

    

Sec. 3. (a) If a tenant has failed to remove the tenant's personal
property under section 2 of this chapter, a landlord may deliver the
personal property to a warehouseman or to a storage facility 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 2 of this chapter.
        (2) The identity and location of the warehouseman or the
storage facility.
    (b) At the demand of the owner of the exempt property, the
warehouseman or storage facility shall release the exempt property
to the owner without requiring payment from the owner at the time
of delivery.
    (c) A waiver of the provisions of section 1 of this chapter or
subsection (b) by contract or otherwise is void.
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.3.

IC 32-31-4-4

Lien on nonexempt property for expenses incurred by
warehouseman or storage facility
    

Sec. 4. (a) A warehouseman or storage facility 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 or storage facility 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 5 of this chapter by paying the
warehouseman or storage facility the expenses described in this
section.
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.4.

IC 32-31-4-5

Sale of unclaimed property
    

Sec. 5. If a tenant does not claim the tenant's property within
ninety (90) days after receiving notice under section 3 of this chapter,
a warehouseman or storage facility may sell the property received
under this chapter under IC 26-1-7-210(b).
As added by P.L.2-2002, SEC.16. Amended by P.L.143-2007,
SEC.77; P.L.115-2007, SEC.5.