summary
Introduced
01/08/2025
01/08/2025
In Committee
03/20/2025
03/20/2025
Crossed Over
02/04/2025
02/04/2025
Passed
04/02/2025
04/02/2025
Dead
Signed/Enacted/Adopted
05/01/2025
05/01/2025
Introduced Session
2025 Regular Session
Bill Summary
Emergency possessory orders. Provides that under certain circumstances a landlord may file a petition for an emergency possessory order. Requires a court to order a tenant to return possession of a dwelling unit to the landlord if the court finds by a preponderance of the evidence that: (1) a tenant or the tenant's guest has committed a crime that affects the health and safety of another tenant, the landlord, or an agent of the landlord; or (2) a tenant provided materially false information to induce the landlord into leasing or giving possession of the rental unit to the tenant. Provides that nothing in the section concerning filing a petition for an emergency possessory orders shall be construed to interfere with the rights of a tenant who is the victim of certain crimes.
AI Summary
This bill modifies Indiana law regarding emergency possessory orders, expanding the circumstances under which a landlord can petition a court to require a tenant to return possession of a rental unit. Specifically, the bill allows landlords to file an emergency petition if a tenant or their guest commits a crime that affects the health and safety of another tenant, the landlord, or a landlord's agent, or if a tenant provided materially false information to induce the landlord into leasing the unit. The bill changes the standard of proof from "probable cause" to "preponderance of the evidence," meaning the court must find it is more likely than not that the alleged actions occurred. If the court finds in the landlord's favor, it must order the tenant to return possession of the dwelling unit within seven days. Importantly, the bill includes a provision ensuring that these new provisions do not interfere with the rights of tenants who are victims of certain crimes. The changes are set to take effect on July 1, 2025, and provide additional legal mechanisms for landlords to address serious tenant misconduct while maintaining some protections for tenants.
Committee Categories
Justice
Sponsors (3)
Last Action
Public Law 157 (on 05/01/2025)
Official Document
bill text
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bill summary
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