summary
Introduced
01/13/2025
01/13/2025
In Committee
01/13/2025
01/13/2025
Crossed Over
Passed
Dead
04/24/2025
04/24/2025
Introduced Session
2025 Regular Session
Bill Summary
Landlord-tenant matters. For purposes of a residential rental unit, defines: (1) "essential services" as certain utility services needed for the safe and habitable occupation by a tenant of the tenant's rental unit; and (2) "essential systems" as certain systems used to deliver essential services to a rental unit. Requires a landlord to repair or replace an essential system not later than 48 hours after being notified by a tenant that the tenant's rental unit is without essential services as a result of: (1) a malfunction in the essential system; or (2) the landlord's failure to maintain the system in good and safe working condition. Requires a landlord to pay all penalties or fines imposed by a political subdivision for violation of the landlord's obligations with regard to a rental premises. Requires a landlord to pay all penalties or fines and make all repairs required by a political subdivision before the landlord may deliver the rental premises to a tenant. Provides that a tenant may enforce a statutory obligation of a landlord by: (1) providing 30 days notice to the landlord of the landlord's noncompliance with the obligation; and (2) if the landlord fails to make the repairs necessary to remedy the noncompliance, withholding from the next regular rental payment the estimated cost of the repairs and using the amount withheld to make the repairs. Provides that, during the pendency of a court action brought by a tenant to enforce a statutory obligation of a landlord, the court may order the tenant to make the regular rental payments otherwise due to the landlord under the rental agreement to: (1) the clerk of the court; or (2) an attorney trust account; to be held in trust for disbursal to the prevailing party, as ordered by the court.
AI Summary
This bill addresses landlord-tenant matters by establishing new requirements and protections for residential rental units. The legislation defines "essential services" as critical utilities like electricity, gas, heat, and water needed for safe and habitable living, and "essential systems" as the systems used to deliver these services. Landlords are now required to repair or replace an essential system within 48 hours after a tenant reports a malfunction, with some exceptions for situations caused by tenant damage or good faith repair attempts. The bill also mandates that landlords pay any penalties or fines imposed by local authorities for rental property violations and complete required repairs before delivering a rental unit to a tenant. Additionally, the legislation provides tenants with a new mechanism to enforce landlord obligations by giving 30 days' notice of noncompliance and potentially withholding rental payments to cover necessary repairs. In legal proceedings related to landlord-tenant disputes, the bill allows courts to order rental payments to be held in trust by the court clerk or an attorney trust account until the case is resolved, with provisions for refunding or disbursing those funds based on the case outcome. These changes aim to improve rental property maintenance, clarify landlord responsibilities, and provide tenants with more robust tools to address housing quality issues.
Committee Categories
Justice
Sponsors (2)
Last Action
First reading: referred to Committee on Judiciary (on 01/13/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://iga.in.gov/legislative/2025/bills/house/1328/details |
| Fiscal Note #1: Introduced | https://iga.in.gov/pdf-documents/124/2025/house/bills/HB1328/fiscal-notes/HB1328.01.INTR.FN001.pdf |
| BillText | https://iga.in.gov/pdf-documents/124/2025/house/bills/HB1328/HB1328.01.INTR.pdf |
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