Indiana 2025 Regular Session

Indiana Senate Bill SB0415 Latest Draft

Bill / Introduced Version Filed 01/13/2025

                             
Introduced Version
SENATE BILL No. 415
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DIGEST OF INTRODUCED BILL
Citations Affected:  IC 32-31.
Synopsis:  Landlord-tenant matters. Provides that, upon the request of
a prospective tenant, a landlord must provide the prospective tenant
with a written explanation of the landlord's reasons for denying the
tenant's rental application. Requires a landlord to disclose the amount
of a rental application fee in a listing advertising a rental unit as
available for rent. Provides that a landlord may not charge a tenant a
fee, fine, assessment, interest, or any other cost: (1) that is not stated in
the rental agreement; or (2) in an amount greater than the amount
stated in the rental agreement. Requires a landlord to return any excess
amount to a tenant when the amount the tenant pays for a fee is greater
than the actual cost to the landlord. Requires a landlord to provide a
receipt of the landlord's expense of fees paid by a tenant upon the
request of the tenant.
Effective:  July 1, 2025.
Pol Jr.
January 13, 2025, read first time and referred to Committee on Judiciary.
2025	IN 415—LS 6755/DI 137 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. 415
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 32-31-1-24 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 24. (a) If a landlord denies a prospective tenant's
4 application to rent a rental unit, the prospective tenant may
5 request a written explanation of the landlord's reasons for the
6 denial.
7 (b) A landlord must provide a written explanation requested
8 under subsection (a) not later than thirty (30) days after the
9 request is made.
10 SECTION 2. IC 32-31-12 IS ADDED TO THE INDIANA CODE
11 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]:
13 Chapter 12. Disclosure of Fees
14 Sec. 1. This chapter applies to:
15 (1) a rental unit offered for rent; and
16 (2) a rental agreement entered into;
17 after June 30, 2025.
2025	IN 415—LS 6755/DI 137 2
1 Sec. 2. The definitions in IC 32-31-3 apply throughout this
2 chapter.
3 Sec. 3. As used in this chapter, "rental application fee" means
4 an amount of money that is charged or accepted by a landlord
5 from a prospective tenant in connection with the prospective
6 tenant's submission of an application to rent a rental unit.
7 Sec. 4. A landlord must disclose the amount of a rental
8 application fee in a listing advertising a rental unit as available for
9 rent.
10 Sec. 5. (a) A landlord may not charge a tenant a fee, a fine, an
11 assessment, interest, or any other cost:
12 (1) that is not stated in the rental agreement; or
13 (2) in an amount greater than the amount stated in the rental
14 agreement.
15 This subsection does not apply to a tenancy at will.
16 (b) A landlord must explicitly state in a rental agreement which
17 fees are required for the rental unit and which fees are optional to
18 the tenant.
19 Sec. 6. If a fee paid by a tenant is greater than the amount of the
20 landlord's actual cost associated with the fee, the landlord must
21 return the excess amount of the fee to the tenant not later than
22 thirty (30) days after the landlord's payment.
23 Sec. 7. Upon the request of a tenant, a landlord shall provide the
24 tenant with an electronic or paper receipt detailing the landlord's
25 expense of fees paid by the tenant. The landlord must respond to a
26 request under this section not later than thirty (30) days after the
27 request is made.
2025	IN 415—LS 6755/DI 137