Citations Affected: IC 32-31-9.
Synopsis: Tenant's right to terminate lease. Expands the list of crimes
in the law authorizing the tenant of a dwelling to terminate the rental
agreement if the tenant becomes a victim of one of the crimes.
Authorizes a victim of burglary, residential entry, or criminal trespass
to terminate the victim's dwelling rental agreement if the crime was
committed at the dwelling. Provides that a tenant, to terminate a rental
agreement, must provide the landlord with a written notice of
termination that includes a copy of a police report filed in connection
with the crime.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 7. As used in this chapter, "protected individual"
means a tenant or applicant:
(1) who is:
(A) a victim; or
(B) an alleged victim;
of an applicable offense; and
(2) who has received either one (1) of the following:
(A) A civil order for protection issued or recognized by a court
under IC 34-26-5 that restrains a perpetrator from contact with
the individual.
(B) A criminal no contact order that restrains a perpetrator
from contact with the individual.
(C) In the case of an applicable offense listed in section
3(2), 3(3), or 3(4) of this chapter, a copy of a police report
that was filed with the law enforcement agency with
respect to the applicable offense.
written notice to the landlord under this section.
(B) The plan must be provided by an accredited domestic
violence or sexual assault program.
(C) The plan must recommend relocation of the protected
individual.
(d) If a protected individual's rights and obligations under a rental
agreement are terminated under this section, the protected individual
is liable for the rent and other expenses due under the rental agreement:
(1) prorated to the effective date of the termination; and
(2) payable at the time when payment of rent would have been
required under the rental agreement.
A protected individual whose rights and obligations under a rental
agreement are terminated under this section is not liable for any other
rent or fees that would be due only because of the early termination of
the protected individual's rights and obligations under the rental
agreement. If a protected individual terminates the rental agreement at
least fourteen (14) days before the protected individual would first have
the right to occupy the dwelling unit under the lease, the individual is
not subject to any damages or penalties.
(e) Notwithstanding section 13 of this chapter, a protected
individual is entitled to deposits, returns, and other refunds as if the
tenancy terminated by expiring under the terms of the rental agreement.