Introduced Version
SENATE BILL No. 275
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 32-31.
Synopsis: Landlord-tenant issues. Provides that if a landlord obtains
a court order to evict a tenant, the landlord may also seek authority
from the court to remove and dispose of the tenant's personal property
and may do so as the landlord considers expedient if the value of the
tenant's personal property is less than $1,000 and in accordance with
the court order if the value of the tenant's personal property is at least
$1,000. Provides that if a tenant with a week to week lease term refuses
or neglects to pay rent when due the landlord may, without a court
order: (1) immediately terminate the lease; and (2) dispose of any of
the tenant's personal property that remains in the rental premises seven
days or more after the landlord gives the tenant notice of the lease
termination. Requires the tenant to vacate the rental premises
immediately after the landlord gives the tenant notice of termination.
Repeals superseded provisions relating to storage of a tenant's personal
property.
Effective: July 1, 2007.
January 8, 2007, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 115th General Assembly (2007)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
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between statutes enacted by the 2006 Regular Session of the General Assembly.
SENATE BILL No. 275
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 32-31-4-2; (07)IN0275.1.1. -->
SECTION 1. IC 32-31-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) If a landlord
is
awarded seeks an order for possession of a dwelling unit
by a court
under IC 32-30-2, the
landlord petition for possession may
seek an
also request the court's order
from the court allowing remove of a to
authorize the landlord to remove the tenant's personal property.
If
the landlord requests an order for removal of the tenant's personal
property, the landlord must file an appropriate inventory of the
personal property with the landlord's petition.
(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
and dispose of it:
(1) by any means the landlord considers expedient if the value
of the tenant's personal property is less than one thousand
dollars ($1,000); and
(2) in accordance with the
court's order
and deliver the personal
property to a warehouseman under section 3 of this chapter. if the
value of the tenant's personal property is at least one
thousand dollars ($1,000).
SOURCE: IC 32-31-7-8; (07)IN0275.1.2. -->
SECTION 2. IC 32-31-7-8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Sec. 8. (a) This section applies only to a tenant with a week
to week lease term.
(b) If a tenant refuses or neglects to pay rent when due, the
landlord may do the following without the order of a court:
(1) Immediately terminate the lease.
(2) Dispose of any of the tenant's personal property:
(A) that remains in the rental premises seven (7) days or
more after the landlord gives the tenant notice of the
termination of the lease; and
(B) by any means the landlord considers expedient.
(c) If a landlord terminates the lease under subsection (b)(1), the
tenant shall vacate the rental premises immediately after the
landlord gives the tenant notice of termination of the lease.
SECTION 3. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2007]: IC 32-31-4-1; IC 32-31-4-3; IC 32-31-4-4;
IC 32-31-4-5.