SENATE MOTION


MR. PRESIDENT:

    I move
that Engrossed House Bill 1013 be amended to read as follows:

SOURCE: Page 2, line 3; (02)MO101302.2. -->     Page 2, line 3, delete "building" and insert " health".
    Page 2, line 16, delete "of the lease." and insert " a rental agreement is entered into. A tenant shall also comply with amended rules and regulations as provided in the rental agreement.".
    Page 2, between lines 16 and 17, begin a new line blocked left and insert:
" This section may not be construed to limit a landlord's obligations under IC 32-7-11.".
    Page 2, line 23, delete "A" and insert " Except as provided in subsection (c), a".
    Page 2, line 24, delete "following conditions are met:" and insert " landlord gives the tenant notice of the tenant's noncompliance with a provision of this chapter, and the tenant has been given a reasonable amount of time to remedy the noncompliance.".
    Page 2, delete lines 25 through 33, begin a new paragraph and insert:
    " (c) If the noncompliance has caused physical damage that the landlord has repaired, the landlord shall give notice specifying the repairs that the landlord has made and documenting the landlord's cost to remedy the condition described in the notice.
     (d) A landlord is not required to comply with the notice requirements of this section to bring an action under subsection (a) if the tenant's occupancy of the rental premises has terminated.".
    Page 2, delete lines 34 through 38.
    Page 2, line 39, delete "(d)" and insert " (e)".
    Page 2, line 39, after "landlord's" insert " or tenant's".
    Page 2, line 40, after "under" insert " IC 32-7-5, IC 32-7-8, or".
    Page 2, line 41, delete "(e)" and insert " (f)".
    Page 3, delete lines 7 through 10.
    Page 3, delete lines 28 through 31.
    Page 3, line 32, delete "6." and insert " 5.".
    Page 3, line 33, delete "Comply with all building and housing codes applicable to" and insert " Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition.".
    Page 3, delete line 34.
    Page 3, line 35, delete "Make all reasonable efforts to keep common areas of a" and insert " Comply with all health and housing codes applicable to the rental premises.".
    Page 3, delete line 36.
    Page 3, line 37, delete "Deliver the rental premises to a tenant in a safe, clean, and" and insert " Make all reasonable efforts to keep common areas of a rental premises in a clean and proper condition.".
    Page 3, delete line 38.
    Page 3, line 40, delete "order and".
    Page 3, line 41, delete "of the execution of the" and insert " the rental agreement is entered into:".
    Page 3, delete line 42.
    Page 4, line 4, delete "However, this clause does not apply if the rental unit".
    Page 4, delete lines 5 through 8.
    Page 4, line 14, delete "Facilities and appliances" and insert " Appliances".
    Page 4, line17, delete "7." and insert " 6.".
    Page 4, line 33, after "under" insert " IC 32-7-5, IC 32-7-8, or".
    Page 4, line 38, delete "." and insert " and consequential damages.".
    Page 4, between lines 41 and 42, begin a new paragraph and insert:
    " (e) A landlord is not liable for damages under subsection (d) until:
        (1) the landlord has notice of noncompliance; and
        (2) the landlord has:
            (A) refused to remedy the noncompliance; or
            (B) failed to remedy the noncompliance within a reasonable amount of time following the notice;
        whichever occurs first.
".
    Page 4, delete line 42.
    Delete page 5.
    (Reference is to EHB 1013 as printed February 22, 2002.)

________________________________________

Senator BRAY


MO101302/DI 105     2002