32-31-6-1. Applicability of Definitions
Sec. 1. The definitions in IC 32-31-3 and IC 32-31-5 apply throughout this chapter. [Pre-2002 Recodification Citation: 32-7-9-1.] As added by P.L.2-2002, SEC.16.
32-31-6-2. Small Claims Jurisdiction
Sec. 2. The small claims docket of a court has jurisdiction to grant an emergency possessory order under this chapter. [Pre-2002 Recodification Citation: 32-7-9-2.] As added by P.L.2-2002, SEC.16.
32-31-6-3. Eligibility to File Petition
Sec. 3. The following may file a petition for an emergency possessory order under this chapter: (1) A tenant, if the landlord has violated IC 32-31-5-6. (2) A landlord, if the tenant has committed or threatens to commit waste to the rental unit. [Pre-2002 Recodification Citation: 32-7-9-3.] As added by P.L.2-2002, SEC.16.
32-31-6-4. Petition Requirements
Sec. 4. A petition for an order under this chapter must: (1) include an allegation specifying: (A) the violation, act, or omission caused or threatened by a landlord or tenant; and (B) The nature of the specific immediate and serious: (i) injury; (ii) loss; or (iii) damage; that the landlord or tenant has suffered or […]
32-31-6-5. Court Review; Emergency Hearing
Sec. 5. If a tenant or a landlord petitions the court to issue an order under this chapter, the court shall immediately do the following: (1) Review the petition. (2) Schedule an emergency hearing for not later than three (3) business days after the petition is filed. [Pre-2002 Recodification Citation: 32-7-9-5.] As added by P.L.2-2002, […]
32-31-6-6. Emergency Order
Sec. 6. (a) At the emergency hearing, if the court finds: (1) probable cause to believe that the landlord has violated or threatened to violate IC 32-31-5-6; and (2) that the tenant will suffer immediate and serious injury, loss, or damage; the court shall issue an emergency order under subsection (b). (b) If the court […]
32-31-6-7. Waste
Sec. 7. (a) As used in this section, “waste” does not include failure to pay rent. (b) At the emergency hearing, if the court finds: (1) probable cause to believe that the tenant has committed or threatens to commit waste to the rental unit; and (2) that the landlord has suffered or will suffer immediate […]
32-31-6-8. Summons; Court Procedure
Sec. 8. (a) If a petition is filed under this chapter, the clerk shall issue to the respondent a summons to appear at a hearing. The summons must: (1) give notice of the date, time, and place of the hearing; and (2) inform the respondent that the respondent must appear before the court to answer […]
32-31-6-9. Subsequent Hearing
Sec. 9. If the court sets a subsequent hearing under section 6(c) or 7(d) of this chapter, the court may do the following at the subsequent hearing: (1) Determine damages. (2) Order return of a tenant’s withheld property. (3) Make other orders the court considers just under the circumstances. [Pre-2002 Recodification Citation: 32-7-9-9.] As added […]
32-31-6-10. Other Claims
Sec. 10. The adjudication of an emergency possessory claim under section 6(b) or 7(c) of this chapter does not bar a subsequent claim a party may have against the other party arising out of the landlord and tenant relationship unless that claim has been adjudicated under section 9 of this chapter. [Pre-2002 Recodification Citation: 32-7-9-10.] […]