CHAPTER 9. RIGHTS OF TENANTS WHO ARE VICTIMS OF CERTAIN CRIMES

IC 32-31-9
    Chapter 9. Rights of Tenants Who Are Victims of Certain Crimes

IC 32-31-9-1
Application; waiver
    Sec. 1. (a) This chapter applies only to a rental agreement for adwelling unit that is entered into or renewed after June 30, 2007.
    (b) This chapter applies to a landlord or tenant only with respectto a rental agreement for a dwelling unit that is entered into orrenewed after June 30, 2007.
    (c) A waiver of this chapter by a landlord or current or formertenant, by contract or otherwise, is void.
As added by P.L.22-2007, SEC.2.

IC 32-31-9-2
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.22-2007, SEC.2.

IC 32-31-9-3
"Applicable offense"
    Sec. 3. As used in this chapter, "applicable offense" refers to anyof the following:
        (1) A crime involving domestic or family violence (as definedin IC 35-41-1-6.5).
        (2) A sex offense under IC 35-42-4.
        (3) Stalking under IC 35-45-10.
As added by P.L.22-2007, SEC.2.

IC 32-31-9-4
"Applicant"
    Sec. 4. As used in this chapter, "applicant" means an individualwho applies to a landlord to enter into a lease of a dwelling unit.
As added by P.L.22-2007, SEC.2.

IC 32-31-9-5
"Dwelling unit"
    Sec. 5. As used in this chapter, "dwelling unit" has the meaningset forth in IC 32-31-5-3.
As added by P.L.22-2007, SEC.2.

IC 32-31-9-6
"Perpetrator"
    Sec. 6. As used in this chapter, "perpetrator" means an individualwho:
        (1) has been convicted of; or
        (2) for purposes of a civil protection order, has been determinedto have committed;
an applicable offense.As added by P.L.22-2007, SEC.2.

IC 32-31-9-7
"Protected individual"
    Sec. 7. As used in this chapter, "protected individual" means atenant or applicant:
        (1) who is:
            (A) a victim; or
            (B) an alleged victim;
        of an applicable offense; and
        (2) who has received either of the following:
            (A) A civil order for protection issued or recognized by acourt under IC 34-26-5 that restrains a perpetrator fromcontact with the individual.
            (B) A criminal no contact order that restrains a perpetratorfrom contact with the individual.
As added by P.L.22-2007, SEC.2.

IC 32-31-9-8
Lease protections; prohibition of retaliation by landlord
    Sec. 8. (a) A landlord may not terminate a lease, refuse to renewa lease, refuse to enter into a lease, or retaliate against a tenant solelybecause:
        (1) a tenant;
        (2) an applicant; or
        (3) an individual who is a member of the tenant's or applicant'shousehold;
is a protected individual.
    (b) A landlord may not refuse to enter into a lease with anapplicant or retaliate against a tenant solely because:
        (1) the tenant;
        (2) the applicant; or
        (3) an individual who is a member of the tenant's or applicant'shousehold;
has terminated a rental agreement as a protected individual undersection 12 of this chapter.
As added by P.L.22-2007, SEC.2.

IC 32-31-9-9
Change of lock requirements
    Sec. 9. (a) This section applies if a perpetrator who is restrainedfrom contact with the tenant referred to in subsection (b) under anorder referred to in section 7(2)(A) or 7(2)(B) of this chapter is nota tenant of the same dwelling unit as the tenant referred to insubsection (b).
    (b) A landlord shall change the locks of a tenant's dwelling unitupon the written request of the tenant not later than forty-eight (48)hours after the tenant gives the landlord a copy of a court orderreferred to in section 7(2) of this chapter, and shall give a key to thenew locks to the tenant.As added by P.L.22-2007, SEC.2.

IC 32-31-9-10
Change of lock requirements if a court issues a protection orrestraining order
    Sec. 10. (a) This section applies if the perpetrator who isrestrained from contact with the tenant referred to in subsection (b)under an order referred to in section 7(2)(A) or 7(2)(B) of thischapter is a tenant of the same dwelling unit as the tenant referred toin subsection (b).
    (b) A landlord shall change the locks of a tenant's dwelling unit,upon the written request of the tenant, not later than twenty-four (24)hours after the tenant provides the landlord with a copy of a courtorder referred to in section 7(2) of this chapter restraining theperpetrator referred to in subsection (a) from contact with the tenant,and shall give a key to the new locks to the tenant.
    (c) Unless the court order provided to the landlord undersubsection (b) allows the perpetrator to return to the dwelling unit toretrieve the perpetrator's personal property, a landlord to whomsubsection (b) applies may not by any act provide the perpetratoraccess to the dwelling unit.
    (d) A landlord to whom subsection (b) applies is immune fromcivil liability for:
        (1) excluding the perpetrator from the dwelling unit under acourt order; or
        (2) loss of use of or damage to personal property while thepersonal property is present in the dwelling unit.
    (e) A perpetrator who has been excluded from a dwelling unitunder this section remains liable under the lease with all othertenants of the dwelling unit for rent or damages to the dwelling unitas provided in the lease.
As added by P.L.22-2007, SEC.2.

IC 32-31-9-11
Reimbursement for lock changes; key requirements
    Sec. 11. (a) A tenant who provides notice or a copy of a courtorder under section 9 or 10 of this chapter shall reimburse thelandlord for the actual expense incurred by the landlord in changingthe locks.
    (b) If a landlord fails to change the locks within the time set forthin section 9(b) or 10(b) of this chapter, the tenant may change thelocks without the landlord's permission, and the landlord shallreimburse the tenant for the actual expense incurred by the tenant inchanging the locks.
    (c) If a tenant changes the locks of the tenant's dwelling unit undersubsection (b), the tenant shall give a key to the new locks to thelandlord not later than twenty-four (24) hours after the locks arechanged.
As added by P.L.22-2007, SEC.2.
IC 32-31-9-12
Termination of rental agreements by protected individuals; writtennotices; liability
    Sec. 12. (a) A protected individual who is a tenant may terminatethe protected individual's rights and obligations under a rentalagreement by providing the landlord with a written notice oftermination in compliance with this section.
    (b) A protected individual must give written notice of terminationunder this section to the landlord at least thirty (30) days before thetermination date stated in the notice.
    (c) The written notice required by this section must include:
        (1) a copy of:
            (A) a civil order for protection issued or recognized by acourt under IC 34-26-5 that restrains a perpetrator fromcontact with the protected individual; or
            (B) a criminal no contact order that restrains a perpetratorfrom contact with the protected individual; and
        (2) if the protected individual is a victim of domestic violenceor sexual assault, a copy of a safety plan, which must satisfy thefollowing:
            (A) The plan must be dated not more than thirty (30) daysbefore the date on which the protected individual providesthe written notice to the landlord under this section.
            (B) The plan must be provided by an accredited domesticviolence or sexual assault program.
            (C) The plan must recommend relocation of the protectedindividual.
    (d) If a protected individual's rights and obligations under a rentalagreement are terminated under this section, the protected individualis liable for the rent and other expenses due under the rentalagreement:
        (1) prorated to the effective date of the termination; and
        (2) payable at the time when payment of rent would have beenrequired under the rental agreement.
A protected individual whose rights and obligations under a rentalagreement are terminated under this section is not liable for any otherrent or fees that would be due only because of the early terminationof the protected individual's rights and obligations under the rentalagreement. If a protected individual terminates the rental agreementat least fourteen (14) days before the protected individual would firsthave the right to occupy the dwelling unit under the lease, theindividual is not subject to any damages or penalties.
    (e) Notwithstanding section 13 of this chapter, a protectedindividual is entitled to deposits, returns, and other refunds as if thetenancy terminated by expiring under the terms of the rentalagreement.
As added by P.L.22-2007, SEC.2.

IC 32-31-9-13
Rights and obligations of other adult tenants    Sec. 13. Notwithstanding:
        (1) the termination of a protected individual's rights andobligations under a rental agreement under this chapter; or
        (2) the exclusion of a perpetrator of an applicable offense froma dwelling unit under this chapter;
the rights and obligations of other adult tenants of the dwelling unitunder the rental agreement continue unaffected. A landlord is notobligated to return or account for any security deposit associatedwith the rental agreement until forty-five (45) days after the tenancyof all tenants has terminated.
As added by P.L.22-2007, SEC.2.

IC 32-31-9-14
Liability of a perpetrator who is a tenant
    Sec. 14. A perpetrator who is a tenant and who is excluded froma dwelling unit under a court order remains liable under the leasewith other tenants of the dwelling unit for rent and for the cost ofdamages to the dwelling unit.
As added by P.L.22-2007, SEC.2.

IC 32-31-9-15
Landlord or agent liability
    Sec. 15. This chapter does not make a landlord or the agent of alandlord liable for the actions of a perpetrator or a third party.
As added by P.L.22-2007, SEC.2.