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.] […]
32-31-7-1. Application
Sec. 1. (a) Except as provided in subsection (b), this chapter applies only to dwelling units that are let for rent under a rental agreement entered into after June 30, 2002. (b) This chapter does not apply to dwelling units that are let for rent with an option to purchase under an agreement entered into […]
32-31-3-13. Use of Deposits
Sec. 13. A security deposit may be used only for the following purposes: (1) To reimburse the landlord for actual damages to the rental unit or any ancillary facility that are not the result of ordinary wear and tear. (2) To pay the landlord for: (A) all rent in arrearage under the rental agreement; and […]