Introduced Version






HOUSE BILL No. 1126

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DIGEST OF INTRODUCED BILL



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.





Fry C




    January 6, 2011, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1126



    A BILL FOR AN ACT to amend the Indiana Code concerning property.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 32-31-9-3; (11)IN1126.1.1. -->     SECTION 1. IC 32-31-9-3, AS ADDED BY P.L.22-2007, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. As used in this chapter, "applicable offense" refers to any of the following:
        (1) A crime involving domestic or family violence (as defined in IC 35-41-1-6.5).
        (2) A sex An offense against the person under IC 35-42-4. IC 35-42.
        (3) Stalking under IC 35-45-10.
         (4) Any of the following offenses if the offense is committed at the dwelling of the victim:
            (A) Burglary under IC 35-43-2-1.
            (B) Residential entry under IC 35-43-2-1.5.
            (C) Criminal trespass under IC 35-43-2-2(a)(1), IC 35-43-2-2(a)(2), IC 35-43-2-2(a)(4), or IC 35-43-2-2(a)(5).

SOURCE: IC 32-31-9-7; (11)IN1126.1.2. -->     SECTION 2. IC 32-31-9-7, AS ADDED BY P.L.22-2007,

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.

SOURCE: IC 32-31-9-12; (11)IN1126.1.3. -->     SECTION 3. IC 32-31-9-12, AS ADDED BY P.L.22-2007, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 12. (a) A protected individual who is a tenant may terminate the protected individual's rights and obligations under a rental agreement by providing the landlord with a written notice of termination in compliance with this section.
    (b) A protected individual must give written notice of termination under this section to the landlord at least thirty (30) days before the termination 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 a court under IC 34-26-5 that restrains a perpetrator from contact with the protected individual; or
            (B) a criminal no contact order that restrains a perpetrator from contact with the protected individual; or
             (C) in the case of an applicable offense listed in section 3(2), 3(3), or 3(4) of this chapter, a police report that was filed with the law enforcement agency with respect to the applicable offense; and
        (2) if the protected individual is a victim of domestic violence or sexual assault, a copy of a safety plan, which must satisfy the following:
            (A) The plan must be dated not more than thirty (30) days before the date on which the protected individual provides the

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.