CHAPTER 5. RENTAL AGREEMENTS; RIGHT OF ACCESS
IC 32-31-5
Chapter 5. Rental Agreements; Right of Access
IC 32-31-5-1
Applicability of chapter
Sec. 1. (a) This chapter applies only to a rental agreement enteredinto or renewed after June 30, 1999.
(b) This chapter applies to a landlord or tenant only if the rentalagreement was entered into or renewed after June 30, 1999.
(c) A waiver of this chapter by a landlord or tenant, including aformer tenant, by contract or otherwise, is void.
As added by P.L.2-2002, SEC.16.
IC 32-31-5-2
Applicability of definitions
Sec. 2. Except as otherwise provided in this chapter, thedefinitions in IC 32-31-3 apply throughout this chapter.
As added by P.L.2-2002, SEC.16.
IC 32-31-5-3
"Dwelling unit" defined
Sec. 3. (a) As used in this chapter, "dwelling unit" means astructure or part of a structure that is used as a home, residence, orsleeping unit.
(b) The term includes the following:
(1) An apartment unit.
(2) A boarding house unit.
(3) A rooming house unit.
(4) A manufactured home (as defined in IC 22-12-1-16) ormobile structure (as defined in IC 22-12-1-17) and the spaceoccupied by the manufactured home or mobile structure.
(5) A single or two (2) family dwelling.
As added by P.L.2-2002, SEC.16.
IC 32-31-5-4
Written notice required to modify rental agreement
Sec. 4. Unless otherwise provided by a written rental agreementbetween a landlord and tenant, a landlord shall give the tenant atleast thirty (30) days written notice before modifying the rentalagreement.
As added by P.L.2-2002, SEC.16.
IC 32-31-5-5
Tenant's personal property
Sec. 5. (a) Except as provided in IC 16-41-27-29, IC 32-31-3, orIC 32-31-4, 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 thetenant to the landlord under a rental agreement.
(b) The landlord and tenant may agree in a writing separate fromthe rental agreement that the landlord may hold property voluntarilytendered by the tenant as security in exchange for forbearance froman action to evict.
As added by P.L.2-2002, SEC.16.
IC 32-31-5-6
Landlord prohibited from interfering with access, possession, oressential services; unit entry by landlord
Sec. 6. (a) This section does not apply if the dwelling unit hasbeen abandoned.
(b) For purposes of this section, a dwelling unit is consideredabandoned if:
(1) the tenants have failed to:
(A) pay; or
(B) offer to pay;
rent due under the rental agreement; and
(2) the circumstances are such that a reasonable person wouldconclude that the tenants have surrendered possession of thedwelling unit.
An oral or written rental agreement may not define abandonmentdifferently than is provided by this subsection.
(c) Except as authorized by judicial order, a landlord may notdeny or interfere with a tenant's access to or possession of thetenant's dwelling unit by commission of any act, including thefollowing:
(1) Changing the locks or adding a device to exclude the tenantfrom the dwelling unit.
(2) Removing the doors, windows, fixtures, or appliances fromthe dwelling unit.
(3) Interrupting, reducing, shutting off, or causing terminationof any of the following to a tenant:
(A) Electricity.
(B) Gas.
(C) Water.
(D) Other essential services.
However, the landlord may interrupt, shut off, or terminateservice as the result of an emergency, good faith repairs, ornecessary construction. This subdivision does not require alandlord to pay for services described in this subdivision if thelandlord has not agreed, by an oral or written rental agreement,to do so.
(d) A tenant may not interrupt, reduce, shut off, or causetermination of:
(1) electricity;
(2) gas;
(3) water; or
(4) other essential services;to the dwelling unit if the interruption, reduction, shutting off, ortermination of the service will result in serious damage to the rentalunit.
(e) A tenant may not unreasonably withhold consent to thetenant's landlord to enter the tenant's dwelling unit in order to:
(1) inspect the dwelling unit;
(2) make necessary or agreed to:
(A) repairs;
(B) decorations;
(C) alterations; or
(D) improvements;
(3) supply necessary or agreed to services; or
(4) exhibit the dwelling unit to prospective or actual:
(A) purchasers;
(B) mortgagees;
(C) tenants;
(D) workers; or
(E) contractors.
(f) A landlord may enter the dwelling unit:
(1) without notice to the tenant in the case of an emergency thatthreatens the safety of the occupants or the landlord's property;and
(2) without the consent of the tenant:
(A) under a court order; or
(B) if the tenant has abandoned or surrendered the dwellingunit.
(g) A landlord:
(1) shall not abuse the right of entry or use a right of entry toharass a tenant;
(2) shall give a tenant reasonable written or oral notice of thelandlord's intent to enter the dwelling unit; and
(3) may enter a tenant's dwelling unit only at reasonable times.
As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.6.
IC 32-31-5-7
Written acknowledgement by tenant
Sec. 7. (a) At the time a landlord delivers a rental unit to a tenant,the landlord shall require the tenant to acknowledge in writing thatthe rental unit is equipped with a functional smoke detector.
(b) A landlord and a tenant may not waive, in a rental agreementor a separate writing, the requirements under IC 22-11-18-3.5concerning smoke detectors.
As added by P.L.17-2008, SEC.4.