Introduced Version
SENATE BILL No. 360
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 32-31-8-5; IC 36-1-20-6.
Synopsis: Landlord obligation to pay fines before rental. 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.
Effective: July 1, 2025.
Niezgodski
January 13, 2025, read first time and referred to Committee on Local Government.
2025 IN 360—LS 6443/DI 87 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 360
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 32-31-8-5 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. A landlord shall do
3 the following:
4 (1) Deliver the rental premises to a tenant in compliance with the
5 rental agreement, and in a safe, clean, and habitable condition.
6 (2) Comply with all health and housing codes applicable to the
7 rental premises.
8 (3) Make all reasonable efforts to keep common areas of a rental
9 premises in a clean and proper condition.
10 (4) Provide and maintain the following items in a rental premises
11 in good and safe working condition, if provided on the premises
12 at the time the rental agreement is entered into:
13 (A) Electrical systems.
14 (B) Plumbing systems sufficient to accommodate a reasonable
15 supply of hot and cold running water at all times.
16 (C) Sanitary systems.
17 (D) Heating, ventilating, and air conditioning systems. A
2025 IN 360—LS 6443/DI 87 2
1 heating system must be sufficient to adequately supply heat at
2 all times.
3 (E) Elevators, if provided.
4 (F) Appliances supplied as an inducement to the rental
5 agreement.
6 (5) Pay all penalties or fines imposed by a political subdivision
7 for violation of an obligation under this section with regard to
8 a rental premises. A landlord may not deliver rental premises
9 to a tenant until all penalties or fines are paid and all repairs
10 required by the political subdivision are completed.
11 SECTION 2. IC 36-1-20-6, AS ADDED BY P.L.193-2014,
12 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 6. (a) This chapter does not prevent a political
14 subdivision from imposing and collecting a penalty for an act or
15 omission that is a nuisance or violation of the political subdivision's
16 enforceable ordinances or codes, subject to subsection (b).
17 (b) A penalty permitted under subsection (a) may not be imposed
18 until after:
19 (1) reasonable notice of the nuisance or violation has been given
20 to the owner or the owner's designee;
21 (2) passage of a reasonable time, which must be stated in the
22 notice, for the nuisance or violation to be cured; and
23 (3) failure of the nuisance or violation to be cured within the time
24 stated in the notice.
25 (c) An owner or the owner's designee must pay all penalties
26 assessed by the political subdivision for violation of an obligation
27 under IC 32-31-8-5 with regard to a rental premises. All penalties
28 must be paid and all repairs required by the political subdivision
29 must be made before delivering the rental premises to a tenant.
2025 IN 360—LS 6443/DI 87