Bill

Bill > SB0300


IN SB0300

Residential landlord-tenant matters.


summary

Introduced
01/13/2025
In Committee
01/13/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

2025 Regular Session

Bill Summary

Residential landlord-tenant matters. Provides that the court may appoint a receiver upon request by a county, city, or town when the property owner of a multifamily residential property with more than four dwelling units has failed to pay damages, costs, or attorney's fees that have been incurred by the multifamily residential property in a nuisance action brought by the county, city, or town. Allows a city, county, or town to bring a nuisance action against a tenant or other person responsible for a nuisance. Defines "essential services" as certain services needed for the safe and habitable occupation by a tenant of the tenant's rental unit. Defines "essential systems" as certain systems used to deliver essential services to a rental unit. Requires a landlord to provide and maintain a rental premises that is free from the following: (1) Pests, including rodents and invasive insects. (2) Mold. (3) Rot. Sets forth a procedure for a tenant to use to initiate a request for repairs. Requires a landlord to repair or replace an essential system not later than 72 hours after being notified by a tenant that the tenant's rental unit is without essential services under certain circumstances. Allows for certain remedies to the tenant for the landlord's noncompliance, including a procedure for the deposit of rent that is due with the clerk of the court if the landlord fails or refuses to make repairs or take remedial action. Provides that, during the pendency of a court action brought by a tenant, the court may order the tenant to make the regular rental payments otherwise due under the rental agreement to the clerk of the court or an attorney trust account, to be held in trust for disbursal to the prevailing party, as ordered by the court. Requires a clerk to collect a $30 fee from the landlord if the court finds that an escrow account is needed for the regular rental payments held by the clerk of the court. Provides that a landlord may apply for release of rent deposits. Provides that, after June 30, 2025, a landlord may not manage a rental property in Indiana unless the landlord: (1) is authorized to do business in Indiana; (2) maintains an office at one or more physical locations in Indiana; or (3) appoints an Indiana licensed real estate broker or broker company to manage the rental property. Makes conforming changes.

AI Summary

This bill addresses several key aspects of residential landlord-tenant relationships in Indiana, introducing comprehensive changes to protect tenants and establish clearer guidelines for landlords. The bill defines "essential services" as critical utilities like electricity, gas, heat, water, and secure doors and windows, and requires landlords to provide and maintain these services and essential systems in rental units. Landlords must now keep rental premises free from pests, mold, and rot, and are required to respond to repair requests within 72 hours, providing written acknowledgment of such requests within 24 hours. The bill establishes a new procedure for tenants to address maintenance issues, including the ability to petition the court to deposit rent payments in escrow if landlords fail to make necessary repairs. Additionally, the legislation introduces protections against landlord retaliation and creates a new requirement that, after June 30, 2025, landlords must either be authorized to do business in Indiana, maintain a physical office in the state, or appoint an Indiana-licensed real estate broker to manage their rental properties. The bill also allows local governments to bring nuisance actions against tenants or property owners and provides courts with more flexibility in managing disputes between landlords and tenants, including the ability to order rent payments held in trust during legal proceedings.

Committee Categories

Justice

Sponsors (1)

Last Action

First reading: referred to Committee on Judiciary (on 01/13/2025)

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