Indiana 2024 Regular Session

Indiana Senate Bill SB0277 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 277
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 32-30-5-1; IC 32-31.
7	7	Synopsis: Residential landlord-tenant matters. Provides that the court
8	8	may appoint a receiver upon request by a county, city, or town when
9	9	the property owner of a multifamily residential property with more than
10	10	four dwelling units has failed to pay damages, costs, or attorney's fees
11	11	that have been incurred by the multifamily residential property in a
12	12	nuisance action brought by the county, city, or town. Allows a city,
13	13	county, or town to bring a nuisance action against a tenant or other
14	14	person responsible for a nuisance. Defines "essential services" as
15	15	certain services needed for the safe and habitable occupation by a
16	16	tenant of the tenant's rental unit. Defines "essential systems" as certain
17	17	systems used to deliver essential services to a rental unit. Requires a
18	18	landlord to provide and maintain a rental premises that is free from the
19	19	following: (1) Pests, including rodents and invasive insects. (2) Mold.
20	20	(3) Rot. Sets forth a procedure for a tenant to use to initiate a request
21	21	for repairs. Requires a landlord to repair or replace an essential system
22	22	not later than 72 hours after being notified by a tenant that the tenant's
23	23	rental unit is without essential services under certain circumstances.
24	24	Allows for certain remedies to the tenant for the landlord's
25	25	noncompliance, including a procedure for the deposit of rent that is due
26	26	with the clerk of the court if the landlord fails or refuses to make
27	27	repairs or take remedial action. Provides that, during the pendency of
28	28	a court action brought by a tenant, the court may order the tenant to
29	29	make the regular rental payments otherwise due under the rental
30	30	agreement to the clerk of the court or an attorney trust account, to be
31	31	held in trust for disbursal to the prevailing party, as ordered by the
32	32	court. Provides that a landlord may apply for release of rent deposits.
33	33	(Continued next page)
34	34	Effective: July 1, 2024.
35	35	Walker G
36	36	January 16, 2024, read first time and referred to Committee on Local Government.
37	37	2024 IN 277—LS 6938/DI 129 Digest Continued
38	38	Provides that, after June 30, 2024, a landlord may not manage a rental
39	39	property in Indiana unless the landlord: (1) is authorized to do business
40	40	in Indiana; (2) maintains an office at one or more physical locations in
41	41	Indiana; or (3) appoints an Indiana licensed real estate broker or broker
42	42	company to manage the rental property. Makes conforming changes.
43	43	2024 IN 277—LS 6938/DI 1292024 IN 277—LS 6938/DI 129 Introduced
44	44	Second Regular Session of the 123rd General Assembly (2024)
45	45	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
46	46	Constitution) is being amended, the text of the existing provision will appear in this style type,
47	47	additions will appear in this style type, and deletions will appear in this style type.
48	48	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
49	49	provision adopted), the text of the new provision will appear in this style type. Also, the
50	50	word NEW will appear in that style type in the introductory clause of each SECTION that adds
51	51	a new provision to the Indiana Code or the Indiana Constitution.
52	52	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
53	53	between statutes enacted by the 2023 Regular Session of the General Assembly.
54	54	SENATE BILL No. 277
55	55	A BILL FOR AN ACT to amend the Indiana Code concerning
56	56	property.
57	57	Be it enacted by the General Assembly of the State of Indiana:
58	58	1 SECTION 1. IC 32-30-5-1, AS AMENDED BY P.L.5-2023,
59	59	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
60	60	3 JULY 1, 2024]: Sec. 1. (a) As used in this section, "utility" means a
61	61	4 utility, however organized, that:
62	62	5 (1) provides electric, gas, water, or wastewater retail utility
63	63	6 service to customers in Indiana; or
64	64	7 (2) is owned, operated, or held in trust by a consolidated city.
65	65	8 (b) A receiver may be appointed by the court in the following cases:
66	66	9 (1) In an action by a vendor to vacate a fraudulent purchase of
67	67	10 property or by a creditor to subject any property or fund to the
68	68	11 creditor's claim.
69	69	12 (2) In actions between partners or persons jointly interested in any
70	70	13 property or fund.
71	71	14 (3) In all actions when it is shown that the property, fund or rent,
72	72	15 and profits in controversy are in danger of being lost, removed, or
73	73	2024 IN 277—LS 6938/DI 129 2
74	74	1 materially injured.
75	75	2 (4) In actions in which a mortgagee seeks to foreclose a mortgage.
76	76	3 However, upon motion by the mortgagee, the court shall appoint
77	77	4 a receiver if, at the time the motion is filed, the property is not
78	78	5 occupied by the owner as the owner's principal residence and:
79	79	6 (A) it appears that the property is in danger of being lost,
80	80	7 removed, or materially injured;
81	81	8 (B) it appears that the property may not be sufficient to
82	82	9 discharge the mortgaged debt;
83	83	10 (C) either the mortgagor or the owner of the property has
84	84	11 agreed in the mortgage or in some other writing to the
85	85	12 appointment of a receiver;
86	86	13 (D) a person not personally liable for the debt secured by the
87	87	14 mortgage has, or is entitled to, possession of all or a portion of
88	88	15 the property;
89	89	16 (E) the owner of the property is not personally liable for the
90	90	17 debt secured by the mortgage; or
91	91	18 (F) all or any portion of the property is being, or is intended to
92	92	19 be, leased for any purpose.
93	93	20 (5) When a corporation, professional corporation, nonprofit
94	94	21 corporation, limited liability company, partnership, or another
95	95	22 legal entity described in IC 23:
96	96	23 (A) has been dissolved;
97	97	24 (B) is insolvent;
98	98	25 (C) is in imminent danger of insolvency; or
99	99	26 (D) has forfeited its corporate rights.
100	100	27 (6) To protect or preserve, during the time allowed for
101	101	28 redemption, any real estate or interest in real estate sold on
102	102	29 execution or order of sale, and to secure rents and profits to the
103	103	30 person entitled to the rents and profits.
104	104	31 (7) Upon request by a utility providing utility service to a
105	105	32 multifamily residential property with more than four (4) dwelling
106	106	33 units when the property owner has failed to pay:
107	107	34 (A) invoiced utility bills for a period greater than ninety (90)
108	108	35 days from the due date of the initial outstanding invoice; or
109	109	36 (B) amounts due under a curative payment plan for a period of
110	110	37 at least sixty (60) days from the initial due date prescribed
111	111	38 under the payment plan;
112	112	39 notwithstanding any other right the utility has to secure payment.
113	113	40 (8) Upon request by a county, city, or town when the property
114	114	41 owner of a multifamily residential property with more than
115	115	42 four (4) dwelling units has failed to pay:
116	116	2024 IN 277—LS 6938/DI 129 3
117	117	1 (A) damages;
118	118	2 (B) costs; or
119	119	3 (C) attorney's fees
120	120	4 that the multifamily residential property has incurred in a
121	121	5 nuisance action brought under IC 32-30-6-7 by the county,
122	122	6 city, or town.
123	123	7 (8) (9) In other cases as may be provided by law or where, in the
124	124	8 discretion of the court, it may be necessary to secure ample justice
125	125	9 to the parties.
126	126	10 SECTION 2. IC 32-31-1-22, AS AMENDED BY P.L.86-2018,
127	127	11 SECTION 227, IS AMENDED TO READ AS FOLLOWS
128	128	12 [EFFECTIVE JULY 1, 2024]: Sec. 22. (a) The definitions in
129	129	13 IC 32-31-3 apply throughout this section.
130	130	14 (b) As used in this section, "penalty" refers to any of the following:
131	131	15 (1) The assessment of a penalty, fine, or fee.
132	132	16 (2) Actual or threatened eviction from a rental unit, or the causing
133	133	17 of an actual or threatened eviction from a rental unit.
134	134	18 (c) As used in this section, "political subdivision" has the meaning
135	135	19 set forth in IC 36-1-2-13.
136	136	20 (d) Except as provided in subsection (e), a political subdivision may
137	137	21 not adopt or enforce any ordinance, rule, or regulation that imposes a
138	138	22 penalty, or allows for the imposition of a penalty, against a tenant, an
139	139	23 owner, or a landlord for a contact made to request law enforcement
140	140	24 assistance or other emergency assistance for one (1) or more rental
141	141	25 units if:
142	142	26 (1) the contact is made by or on behalf of:
143	143	27 (A) a victim or potential victim of abuse;
144	144	28 (B) a victim or potential victim of a crime; or
145	145	29 (C) an individual in an emergency; and
146	146	30 (2) either of the following applies:
147	147	31 (A) At the time the contact is made, the person making the
148	148	32 contact reasonably believes that law enforcement assistance or
149	149	33 other emergency assistance is necessary to prevent the
150	150	34 perpetration or escalation of abuse, a crime, or an emergency.
151	151	35 (B) If abuse, a crime, or an emergency occurs, the law
152	152	36 enforcement assistance or other emergency assistance was
153	153	37 needed.
154	154	38 (e) Subject to subsections (f) and (g), this section does not prohibit
155	155	39 a political subdivision from adopting or enforcing an ordinance, a rule,
156	156	40 or a regulation that imposes a penalty for a contact that:
157	157	41 (1) is made to request law enforcement assistance or other
158	158	42 emergency assistance; and
159	159	2024 IN 277—LS 6938/DI 129 4
160	160	1 (2) is not made by or on behalf of:
161	161	2 (A) a victim or potential victim of abuse;
162	162	3 (B) a victim or potential victim of a crime; or
163	163	4 (C) an individual in an emergency.
164	164	5 (f) If:
165	165	6 (1) a political subdivision imposes a penalty under an ordinance,
166	166	7 a rule, or a regulation authorized by subsection (e); and
167	167	8 (2) the prohibited contact to request law enforcement assistance
168	168	9 or other emergency assistance is made by a tenant in a rental unit;
169	169	10 the penalty imposed must be assessed against the tenant of the rental
170	170	11 unit and not against the landlord or owner of the rental unit.
171	171	12 (g) Any penalty that is assessed under an ordinance, a rule, or a
172	172	13 regulation authorized by subsection (e) may not exceed two hundred
173	173	14 fifty dollars ($250).
174	174	15 (h) Nothing in this section shall be construed to prevent a housing
175	175	16 authority established under IC 36-7-18 from enforcing rights or
176	176	17 remedies established by contract or federal law against a landlord or
177	177	18 owner of a rental unit.
178	178	19 (i) Nothing in this section shall be construed to prevent an attorney
179	179	20 representing a city, county, or town from:
180	180	21 (1) bringing a nuisance action described under IC 32-30-6-7(b)
181	181	22 against a landlord, tenant, or owner of a rental unit, or other
182	182	23 person responsible for the nuisance; or
183	183	24 (2) recovering damages, fees, and costs that are permitted
184	184	25 under IC 32-30-6-7 and IC 32-30-6-8.
185	185	26 SECTION 3. IC 32-31-8-5 IS AMENDED TO READ AS
186	186	27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) As used in this
187	187	28 section, "essential services" means:
188	188	29 (1) electricity;
189	189	30 (2) gas;
190	190	31 (3) heat;
191	191	32 (4) water; or
192	192	33 (5) doors and windows that lock securely;
193	193	34 needed for the safe and habitable occupation by a tenant of the
194	194	35 tenant's rental unit.
195	195	36 (b) As used in this section, "essential system" means a system,
196	196	37 or one (1) or more parts or components of a system, that is:
197	197	38 (1) used for; or
198	198	39 (2) necessary to;
199	199	40 the delivery of one (1) or more essential services to a rental unit.
200	200	41 (c) A landlord shall do the following:
201	201	42 (1) Deliver the rental premises to a tenant in compliance with the
202	202	2024 IN 277—LS 6938/DI 129 5
203	203	1 rental agreement, and in a safe, clean, and habitable condition.
204	204	2 (2) Comply with all health and housing codes applicable to the
205	205	3 rental premises.
206	206	4 (3) Make all reasonable efforts to keep common areas of a rental
207	207	5 premises in a clean and proper condition.
208	208	6 (4) Provide and maintain all essential systems.
209	209	7 (4) (5) Provide and maintain the following items in a rental
210	210	8 premises in good and safe working condition, if provided on the
211	211	9 premises at the time the rental agreement is entered into:
212	212	10 (A) Electrical systems.
213	213	11 (B) Plumbing systems sufficient to accommodate a reasonable
214	214	12 supply of hot and cold running water at all times.
215	215	13 (C) Sanitary systems.
216	216	14 (D) Heating, ventilating, and air conditioning systems. A
217	217	15 heating system must be sufficient to adequately supply heat at
218	218	16 all times.
219	219	17 (E) Elevators, if provided.
220	220	18 (F) Appliances supplied as an inducement to the rental
221	221	19 agreement.
222	222	20 (6) Provide and maintain a rental premises that is free from
223	223	21 the following:
224	224	22 (A) Pests, including rodents and invasive insects.
225	225	23 (B) Mold.
226	226	24 (C) Rot.
227	227	25 (d) Subsection (c)(4) does not:
228	228	26 (1) prohibit a landlord from interrupting, shutting off, or
229	229	27 terminating one (1) or more essential services to a rental unit
230	230	28 as needed:
231	231	29 (A) in an emergency;
232	232	30 (B) to make good faith repairs; or
233	233	31 (C) for construction; or
234	234	32 (2) require a landlord to pay for one (1) or more essential
235	235	33 services provided to a rental unit if the landlord has not
236	236	34 agreed to do so under the rental agreement.
237	237	35 (e) To initiate a request for a repair of an essential system, an
238	238	36 essential service, or a repair under subsection (c), a tenant shall use
239	239	37 the procedure set forth in this subsection. A tenant shall first make
240	240	38 a written or electronic repair request to a landlord. Upon receipt
241	241	39 of a tenant's repair request under this subsection, a landlord shall
242	242	40 provide a written or electronic acknowledgment of the request
243	243	41 within twenty-four (24) hours of the receipt of the request. A
244	244	42 tenant's written or electronic request for a repair and a landlord's
245	245	2024 IN 277—LS 6938/DI 129 6
246	246	1 written or electronic acknowledgment of a repair request may
247	247	2 include a text message, email, certified mail, or another written
248	248	3 communication that allows for verification of delivery.
249	249	4 (f) Subject to subsection (g), a landlord shall repair or replace
250	250	5 an essential system not later than seventy-two (72) hours after
251	251	6 being notified by a tenant in accordance with subsection (e) that
252	252	7 the tenant's rental unit is without one (1) or more essential services
253	253	8 as a result of:
254	254	9 (1) a malfunction in the essential system; or
255	255	10 (2) the landlord's failure to otherwise maintain the essential
256	256	11 system in good and safe working condition.
257	257	12 (g) The seventy-two (72) hour period set forth in subsection (f)
258	258	13 does not apply if:
259	259	14 (1) the tenant's rental unit is without one (1) or more essential
260	260	15 services because of a malfunction in an essential system, and
261	261	16 the malfunction is the direct result of the tenant's commission
262	262	17 of waste to the essential system or the rental unit; or
263	263	18 (2) the landlord makes a good faith attempt within the
264	264	19 seventy-two (72) hour period set forth in subsection (f) to
265	265	20 undertake the needed repairs to, or the replacement of, an
266	266	21 essential system through:
267	267	22 (A) the landlord's own efforts; or
268	268	23 (B) the services of:
269	269	24 (i) a contractor; or
270	270	25 (ii) an employee or agent of the landlord;
271	271	26 and the landlord or person described in clause (B) is unable to
272	272	27 begin or complete the needed repairs or replacement within
273	273	28 the seventy-two (72) hour period set forth in subsection (f).
274	274	29 (h) To demonstrate a good faith attempt to address a tenant's
275	275	30 repair request under subsection (e) or for purposes of subsection
276	276	31 (g)(2), a landlord shall provide proof of intention to repair within
277	277	32 seventy-two (72) hours of the tenant's repair request. Proof of
278	278	33 intention to repair may include a quote, confirmation of scheduled
279	279	34 maintenance from a vendor, or confirmation of scheduled
280	280	35 maintenance from the landlord if the landlord performs the repair.
281	281	36 (i) A landlord that knowingly or intentionally violates this
282	282	37 section commits a deceptive act that is subject to the remedies and
283	283	38 penalties under IC 24-5-0.5.
284	284	39 SECTION 4. IC 32-31-8-5.5 IS ADDED TO THE INDIANA CODE
285	285	40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
286	286	41 1, 2024]: Sec. 5.5. (a) To use the procedure established by this
287	287	42 section, a tenant must:
288	288	2024 IN 277—LS 6938/DI 129 7
289	289	1 (1) be current on rent payments and have a history of on-time
290	290	2 payments on the same rental premises for the last six (6)
291	291	3 months; or
292	292	4 (2) have a history of on-time payments since the beginning of
293	293	5 the lease if the tenant has rented for less than six (6) months.
294	294	6 (b) In addition to, or instead of, bringing an action under section
295	295	7 6 of this chapter, a tenant may enforce an obligation of a landlord
296	296	8 under this chapter by doing the following:
297	297	9 (1) Notify the landlord, in writing or electronically, after a
298	298	10 seventy-two (72) hour waiting period that:
299	299	11 (A) the landlord has failed to make necessary repairs
300	300	12 under this chapter; and
301	301	13 (B) if the landlord fails to make the necessary repairs
302	302	14 before the tenant's next regular rental payment is due
303	303	15 under the rental agreement, the tenant may petition the
304	304	16 court to deposit rental payments with the clerk of the
305	305	17 court.
306	306	18 The court shall notify the landlord not later than thirty (30)
307	307	19 days after the date the tenant's petition is approved or before
308	308	20 the date that the next rental payment is due, whichever is
309	309	21 earlier.
310	310	22 (2) Subject to subsection (c), deposit all rent that is due with
311	311	23 the clerk of the court having jurisdiction in the county where
312	312	24 the rental premises is located if the landlord fails or refuses
313	313	25 to:
314	314	26 (A) make the repairs; or
315	315	27 (B) take the actions necessary to remedy the condition
316	316	28 described in the tenant's notice under subdivision (1);
317	317	29 before the due date of the tenant's next regular rental
318	318	30 payment following delivery of the notice under subdivision
319	319	31 (1).
320	320	32 (3) Apply to the court for an order that directs the landlord to
321	321	33 remedy the condition.
322	322	34 (4) Terminate the rental agreement.
323	323	35 (c) A tenant may not take any action described in subsection
324	324	36 (b)(2), (b)(3), or (b)(4) if the:
325	325	37 (1) tenant does not satisfy the condition required by
326	326	38 subsection (a);
327	327	39 (2) tenant prevents the landlord from having reasonable
328	328	40 access to the rental premises to make any repairs or take any
329	329	41 action necessary to remedy the condition described in the
330	330	42 tenant's notice before the due date of the tenant's next regular
331	331	2024 IN 277—LS 6938/DI 129 8
332	332	1 rental payment following delivery of the notice under
333	333	2 subsection (a)(1); or
334	334	3 (3) landlord:
335	335	4 (A) owns not more than four (4) single family houses at one
336	336	5 (1) time; or
337	337	6 (B) occupies one (1) of the living quarters of the rental
338	338	7 premises in a dwelling containing living quarters that are
339	339	8 intended to be occupied by not more than four (4) families
340	340	9 living independently of each other.
341	341	10 (d) A proceeding under this section does not preclude the tenant
342	342	11 or the landlord from enforcing any obligations listed in the rental
343	343	12 agreement.
344	344	13 SECTION 5. IC 32-31-8-6.5 IS ADDED TO THE INDIANA CODE
345	345	14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
346	346	15 1, 2024]: Sec. 6.5. (a) This section applies to an action that is filed
347	347	16 under section 6 of this chapter after June 30, 2024.
348	348	17 (b) During the pendency of an action to which this section
349	349	18 applies, if the tenant continues to occupy the rental unit upon
350	350	19 which the action is based, the court may issue a provisional order
351	351	20 that requires the tenant to make regular rental payments otherwise
352	352	21 due to the landlord under the rental agreement to:
353	353	22 (1) the clerk of the court, who shall hold the payments in trust
354	354	23 for the parties; or
355	355	24 (2) an attorney trust account;
356	356	25 as directed by the court. The funds held by the clerk or in an
357	357	26 attorney trust account under this subsection may not be disbursed
358	358	27 unless the court issues an order for their disbursement.
359	359	28 (c) Subject to subsection (e), if the tenant is the prevailing party
360	360	29 in the action under section 6 of this chapter, the tenant is entitled
361	361	30 to a refund of payments made under an order issued by the court
362	362	31 under subsection (b). The amount of the refund:
363	363	32 (1) shall be determined by the court after taking into
364	364	33 consideration:
365	365	34 (A) the estimated cost of any repairs or other action
366	366	35 necessary to remedy the condition that was the basis of the
367	367	36 tenant's action under section 6 of this chapter;
368	368	37 (B) efforts undertaken by the landlord before or after the
369	369	38 filing of the tenant's action under section 6 of this chapter
370	370	39 to remedy the condition that was the basis of the tenant's
371	371	40 action under section 6 of this chapter; and
372	372	41 (C) any other factors that justice may require; and
373	373	42 (2) shall be disbursed to the tenant upon order of the court.
374	374	2024 IN 277—LS 6938/DI 129 9
375	375	1 (d) Subject to subsection (e), if the tenant is not the prevailing
376	376	2 party in the action under section 6 of this chapter, the tenant is not
377	377	3 entitled to a refund of any rental payments made under an order
378	378	4 issued by the court under subsection (b), and any amounts held in
379	379	5 trust by the clerk of the court or in an attorney trust account shall,
380	380	6 upon order of the court, be disbursed to the landlord and credited
381	381	7 against the amount of the regular rental payments due to the
382	382	8 landlord under the rental agreement during the pendency of the
383	383	9 action.
384	384	10 (e) The court may reduce the amount to be disbursed to a
385	385	11 landlord in an order under subsection (d), if the court determines
386	386	12 that the landlord's failure to comply with one (1) or more of the
387	387	13 requirements of this chapter contributed in any way to the
388	388	14 necessity of repairs or other action needed to remedy the condition
389	389	15 that was the basis of the tenant's action under section 6 of this
390	390	16 chapter as justice may require.
391	391	17 SECTION 6. IC 32-31-8-8 IS ADDED TO THE INDIANA CODE
392	392	18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
393	393	19 1, 2024]: Sec. 8. (a) If rent is being deposited with the clerk of the
394	394	20 court under section 5.5 or 6.5 of this chapter, the landlord may
395	395	21 apply for the release of rent deposits to the:
396	396	22 (1) clerk of the court on the basis that the condition contained
397	397	23 in the notice is remedied; or
398	398	24 (2) court on the basis that the:
399	399	25 (A) tenant:
400	400	26 (i) did not comply with the notice requirement in section
401	401	27 5.5 of this chapter; or
402	402	28 (ii) was not current on rent payments under the rental
403	403	29 agreement at the time the tenant initiated the rent
404	404	30 deposits with the clerk of the court, as required by
405	405	31 section 5.5(a) of this chapter; or
406	406	32 (B) landlord:
407	407	33 (i) did not violate an obligation under this chapter;
408	408	34 (ii) does not own more than four (4) single family houses
409	409	35 at any one (1) time; or
410	410	36 (iii) occupies one (1) of the living quarters of the rental
411	411	37 premises in a dwelling containing living quarters that are
412	412	38 intended to be occupied by not more than four (4)
413	413	39 families living independently of each other.
414	414	40 (b) The landlord shall name the tenant as a party to an
415	415	41 application filed under this section.
416	416	42 (c) The court shall hold a hearing not more than sixty (60) days
417	417	2024 IN 277—LS 6938/DI 129 10
418	418	1 after the application is filed unless, for good cause shown, the court
419	419	2 continues the hearing.
420	420	3 (d) If the court continues a hearing under this section, the court
421	421	4 may, upon the landlord's request, order a release of partial rent
422	422	5 deposits for the following operating costs arising from the rental
423	423	6 premises that is the subject of a proceeding under this chapter:
424	424	7 (1) Mortgage payments, including periodic interest payments
425	425	8 on the mortgage.
426	426	9 (2) Insurance premiums.
427	427	10 (3) Real estate taxes.
428	428	11 (4) Utility services.
429	429	12 (5) Repairs.
430	430	13 (e) If the court finds in the landlord's favor after a hearing
431	431	14 under this section, the court shall order the full release of rent
432	432	15 deposits, minus costs, to the landlord.
433	433	16 (f) If the court finds after a hearing under this section that the:
434	434	17 (1) tenant's act or omission caused the condition; or
435	435	18 (2) tenant intentionally acted in bad faith;
436	436	19 the tenant is liable for damages caused to the landlord and costs,
437	437	20 including reasonable attorney's fees.
438	438	21 SECTION 7. IC 32-31-9-8, AS ADDED BY P.L.22-2007,
439	439	22 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
440	440	23 JULY 1, 2024]: Sec. 8. (a) A landlord may not terminate a lease, refuse
441	441	24 to renew a lease, refuse to enter into a lease, or retaliate against a tenant
442	442	25 solely because:
443	443	26 (1) a tenant;
444	444	27 (2) an applicant; or
445	445	28 (3) an individual who is a member of the tenant's or applicant's
446	446	29 household;
447	447	30 is a protected individual.
448	448	31 (b) A landlord may not refuse to enter into a lease with an applicant
449	449	32 or retaliate against a tenant solely because:
450	450	33 (1) the tenant;
451	451	34 (2) the applicant; or
452	452	35 (3) an individual who is a member of the tenant's or applicant's
453	453	36 household;
454	454	37 has terminated a rental agreement as a protected individual under
455	455	38 section 12 of this chapter.
456	456	39 (c) Except as otherwise provided in subsection (b), evidence that
457	457	40 a tenant engaged in a protected activity not more than six (6)
458	458	41 months before the landlord's alleged retaliatory conduct creates a
459	459	42 rebuttable presumption that the purpose of the landlord's conduct
460	460	2024 IN 277—LS 6938/DI 129 11
461	461	1 was retaliation.
462	462	2 (d) A presumption does not arise under subsection (c) if the
463	463	3 tenant engaged in a protected activity after the landlord gave the
464	464	4 tenant notice of the landlord's intent to:
465	465	5 (1) increase the rent or fees;
466	466	6 (2) decrease services, increase the tenant's obligations, impose
467	467	7 different rules on, or selectively enforce the landlord's rules
468	468	8 against, the tenant or the tenant's immediate family member,
469	469	9 or otherwise materially alter the terms of the lease;
470	470	10 (3) bring an action for possession on a ground other than
471	471	11 nonpayment of rent;
472	472	12 (4) refuse to renew a tenancy for a fixed term under a lease
473	473	13 containing a renewal option that is exercisable by the tenant
474	474	14 without negotiation with the landlord, for any period after the
475	475	15 lease would otherwise terminate; or
476	476	16 (5) terminate a periodic tenancy.
477	477	17 (e) A landlord may rebut a presumption under subsection (c) by
478	478	18 a preponderance of evidence showing that the landlord:
479	479	19 (1) had sufficient justification for engaging in the conduct that
480	480	20 created the presumption; and
481	481	21 (2) would have engaged in the conduct in the same manner
482	482	22 and at the same time whether or not the tenant engaged in a
483	483	23 protected activity.
484	484	24 SECTION 8. IC 32-31-12 IS ADDED TO THE INDIANA CODE
485	485	25 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
486	486	26 JULY 1, 2024]:
487	487	27 Chapter 12. Landlord's Required Nexus
488	488	28 Sec. 1. As used in this chapter, "landlord" has the meaning set
489	489	29 forth in IC 32-31-3-3.
490	490	30 Sec. 2. After June 30, 2024, a landlord may not manage a rental
491	491	31 property in Indiana unless one (1) or more of the following apply:
492	492	32 (1) The landlord is authorized to do business in Indiana.
493	493	33 (2) The landlord maintains an office at one (1) or more
494	494	34 physical locations in Indiana.
495	495	35 (3) The landlord appoints an Indiana licensed real estate
496	496	36 broker or broker company to manage the rental property.
497	497	2024 IN 277—LS 6938/DI 129