SENATE BILL No. 165
DIGEST OF INTRODUCED BILL
Citations Affected: IC 32-31-4.
Synopsis: Removal of tenant's property from dwelling unit. Provides
that a landlord may dispose of a tenant's personal property: (1) after
obtaining a court order authorizing the removal of the evicted tenant's
personal property from a dwelling unit; (2) if the rental agreement has
been terminated and the tenant has failed to remove the tenant's
personal property; or (3) if the tenant has failed to pay rent within 15
days after the rent was due, has not lived in the dwelling unit for the 15
days, and has failed to respond to notice sent by the landlord. Repeals
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Judiciary.
Second Regular Session 114th General Assembly (2006)
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SENATE BILL No. 165
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 32-31-4-2; (06)IN0165.1.1. -->
SECTION 1. IC 32-31-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) 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.
(b) If the tenant fails to remove the tenant's personal property before
the date specified in the court's order issued under subsection (a), 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.
(b) A landlord may remove and dispose of a tenant's personal
property if any of the following apply:
(1) The tenant fails to remove the tenant's personal property
before the date specified in the court's order issued under
(2) Both of the following conditions exist:
(A) The rental agreement is terminated by:
(i) operation of law; or
(ii) terms of the rental agreement, which do not include
terms concerning the termination of a rental agreement
for a tenant's failure to comply with an obligation of the
(B) The tenant fails to remove the tenant's personal
property on or before the date that the rental agreement
(3) All of the following conditions are met:
(A) The tenant:
(i) fails to pay rent to the landlord within fifteen (15)
days after the rent is due under the rental agreement;
(ii) does not reside in the dwelling unit for the fifteen (15)
days that the tenant fails to pay rent under item (i).
(B) The landlord sends notice to the tenant at the dwelling
unit by certified or registered mail that:
(i) the tenant has failed to pay rent within fifteen (15)
days after the rent was due under the rental agreement;
(ii) the landlord intends to remove the tenant's personal
property if the tenant fails to respond to the landlord's
notice within five (5) days after the tenant receives the
notice under this clause or fifteen (15) days after the
landlord sends the notice.
(C) The tenant fails to respond to the landlord's notice
under clause (B) within:
(i) five (5) days after the tenant receives the notice; or
(ii) fifteen (15) days after the landlord sends the notice.
SECTION 2. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2006]: IC 32-31-4-1; IC 32-31-4-3; IC 32-31-4-4;