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2020 Indiana State Bills (detailed)

HB 1103 Tenants rights - PREVENTED

Extends the time period for a "pay-or-quit" notice from 10 to 14 days, and removes a provision permitting termination of a rental agreement without notice. Allows a prevailing tenant in a landlord-tenant case to expunge records relating to the action. Establishes a procedure permitting a tenant to withhold rent from a landlord and deposit it with a court if the landlord has failed to comply with the landlord's statutory obligations, or if the rental unit is in violation of an ordinance, rule, code or other law, and the violation may materially affect the health or safety of a tenant. Specifies the circumstances under which withheld rent may be returned, and authorizes a court to release some or all of the withheld rent to the tenant to permit the tenant to remedy the violation. Establishes a rental escrow fee of 1% of the amount of the withheld rent to be deposited in the clerk's record perpetuation fund. Makes other changes and conforming amendments. 

SB 359 Landlord-tenant relations - PREVENTED

Amends the statute concerning landlord-tenant relations as follows: (1) Specifies that the notice from a landlord to a tenant of the 10 day period in which a tenant may cure a failure to pay past due rent before the landlord may terminate the lease must: (A) be in writing; and (B) specify the amount of rent and any late fees owed by the tenant to remedy the breach. (Current law does not require the notice of a tenant's right to cure to be in writing or to specify the amount of rent and late fees owed.) (2) Provides that with respect to a rental agreement that is subject to the residential landlord-tenant statutes, a landlord may not initiate an eviction proceeding or otherwise terminate a tenant's lease for certain alleged violations by the tenant unless the landlord provides the tenant with at least 10 days written notice and the opportunity to cure the alleged violation. (3) Specifies that a landlord that seeks to terminate for any reason a lease for: (A) a tenancy at will; or (B) a tenancy of not more than three months that extends from one period to the next; must serve advance written notice on the tenant within the statutory time frames for the determination of such tenancies. (4) With respect to a rental agreement that is subject to the residential landlord-tenant statutes, provides that: (A) before entering into or renewing a rental agreement with a tenant after June 30, 2020, the landlord shall reduce the rental agreement to writing and provide the tenant with a copy of the rental agreement that sets forth the terms and conditions concerning the use and occupancy of the rental unit, including certain specified information; and (B) at the time of consummation of the rental agreement, the landlord shall obtain the signature of each tenant responsible for paying rent under the rental agreement and shall furnish each such tenant with a copy of the written and signed rental agreement. (5) With respect to a rental agreement that is subject to the residential landlord-tenant statutes, requires a landlord to give a tenant at least 60 days written notice before: (A) modifying the rental agreement in any way; or (B) increasing the rent. (Current law requires a landlord to give at least 30 days written notice before modifying the rental agreement in any way.) 

SB 442 Residential landlord-tenant matters - PREVENTED

Makes the following changes to the residential landlord-tenant statute: (1) Increases from 10 days to 14 days the time in which a tenant has to cure a failure to pay past due rent before the landlord may terminate the lease. (2) Provides that a landlord may not initiate an eviction proceeding or otherwise terminate a tenant's lease for certain alleged violations by the tenant unless the landlord provides the tenant with at least 14 days notice and the opportunity to cure the alleged violation. (3) Specifies that a landlord that seeks to terminate for any reason a lease for: (A) a tenancy at will; or (B) a tenancy of not more than three months that extends from one period to the next; must serve advance written notice on the tenant within the statutory time frames for the determination of such tenancies. (4) In the case of a one-year rental agreement for an unfurnished rental unit, prohibits a landlord from requiring a tenant to pay as a security deposit an amount that exceeds one monthly installment of rent. (5) Requires a landlord to give a tenant at least 60 days written notice before: (A) modifying the rental agreement in any way; or (B) increasing the rent. (Current law requires a landlord to give at least 30 days written notice before modifying the rental agreement in any way.) (6) Requires a landlord to give a tenant at least 48 hours advance notice of the landlord's intent to enter the tenant's dwelling unit. (Current law requires a landlord to give reasonable notice of the landlord's intent to enter a dwelling unit.) (7) Provides that, before a landlord may bring a court action to enforce a statutory obligation of a tenant, the landlord must: (A) serve written notice on the tenant of the tenant's noncompliance with the obligation; and (B) give the tenant at least 14 days from the date the notice is served to remedy the noncompliance. (Current law does not require the notice to be written and provides that the tenant must be given a reasonable amount of time to remedy the noncompliance.) (8) Defines: (A) "essential services" as certain utility services needed for the safe and habitable occupation by a tenant of the tenant's rental unit; and (B) "essential systems" as certain systems used to deliver essential services to a rental unit. Requires a landlord to repair or replace an essential system not later than 24 hours after being notified by a tenant that the tenant's rental unit is without essential services as a result of: (A) a malfunction in the essential system; or (B) the landlord's failure to maintain the system in good and safe working condition. (9) Provides that a tenant may enforce a statutory obligation of a landlord by: (A) providing 30 days notice to the landlord of the landlord's noncompliance with the obligation; and (B) if the landlord fails to make the repairs necessary to remedy the noncompliance, withholding from the next regular rental payment the estimated cost of the repairs and using the amount withheld to make the repairs. (10) Provides that, during the pendency of a court action brought by a tenant to enforce a statutory obligation of a landlord, the court may order the tenant to make the regular rental payments otherwise due to the landlord under the rental agreement to: (A) the clerk of the court; or (B) an attorney trust account; to be held in trust for disbursal to the prevailing party, as ordered by the court. (11) Prohibits a court or the operator of a case management system from disclosing information relating to an eviction action: (A) if the case is dismissed, or if the tenant prevails in the action or upon appeal; or (B) upon order of the court after a petition to prohibit disclosure is made by the tenant: (i) not earlier than five years after a judgment of eviction against the tenant becomes final; or (ii) at least one year after the case was filed if the case remains pending with no judgment. (12) Establishes the Indiana eviction prevention and reduction program to: (A) avoid the filing of unnecessary eviction actions; and (B) reduce the number of eviction judgments entered; with respect to residential rental units. Provides that the Indiana housing and community development authority (authority) shall administer the program. Requires the authority to establish, not later than January 1, 2021, policies and procedures to implement and administer the program. (13) Provides that a landlord that knowingly: (A) advertises for rent in Indiana; or (B) enters, or offers to enter into, a rental agreement for the lease of; a rental unit for which an enforcement authority has issued an order under the unsafe building law commits fraudulent leasing, a Class A misdemeanor.

HB 1123 Short term rentals - PREVENTED

Prohibits offering a property for short term rental that is: (1) designated as affordable or subject to rental assistance; (2) subject to any law that prohibits the leasing or subleasing of the property; or (3) subject to an enforcement order issued under the unsafe building law. Requires a listing or advertisement on a short term rental platform (platform) to display the permit number issued by the unit. Provides that if an owner of a short term rental (owner) fails to correct or remove a listing on a platform displaying a missing or erroneous permit number, the owner commits a Class C infraction. Specifies that a unit may regulate, prohibit, or limit short term rentals for the purpose of protecting and promoting the public's health, safety, comfort, convenience, and general welfare. (Current law provides that the purpose may only be for protecting the public's health and safety.) Allows a unit to require an owner to provide a written statement with the permit application verifying that the owner reviewed any applicable leases, bylaws, rules, or regulations of a homeowners or condominium association or cooperative and has no knowledge that the short term rental violates any of these provisions. Requires an owner to provide on the permit application: (1) all platforms upon which the short term rental is listed; and (2) an emergency contact telephone number that is available 24 hours a day, 7 days a week, to take complaints regarding the operation of the short term rental.

HB 1191 Land Contracts - PREVENTED

Defines "principal dwelling land contract" (contract) as a land contract for the sale of real property: (1) designed for the occupancy of one to two families; and (2) that is or will be occupied by the buyer as the buyer's principal dwelling. Provides that the seller under a contract must provide the buyer with certain disclosures at least 10 days before the contract is executed. Sets forth disclosures that must be included in a contract. Provides a three day cancellation period for the buyer. Specifies certain recording provisions for principal dwelling land contracts. Provides that a violation of disclosure provisions constitutes a deceptive act under the deceptive consumer sales act.

SB 253 Principal dwelling land contracts - PREVENTED

Defines "principal dwelling land contract" (contract) as a land contract for the sale of real property: (1) designed for the occupancy of one to two families; and (2) that is or will be occupied by the buyer as the buyer's principal dwelling. Provides that the seller under a contract must provide the buyer with certain disclosures at least 10 days before the contract is executed. Sets forth disclosures that must be included in a contract. Provides that a contract must permit a buyer to pay the balance owed and receive the deed at any time. Provides that a violation of these provisions constitutes an incurable deceptive act under the deceptive consumer sales act. Provides that a buyer in a principal dwelling land contract is entitled to the homestead deduction regardless of whether the seller has conveyed title.

HB 1165 Utility Bills - PASSED

Municipalities, towns, cities cannot make a property owner cosign or be responsible for a bill (except for sewer) left by a tenant.

SB 148  Prohibits regulation by local government - PASSED

Prohibits a unit of local government from regulating certain aspects of a landlord-tenant relationship with respect to privately owned real property located in the unit unless the regulation is authorized by the general assembly. Prohibits a landlord from taking certain retaliatory actions in response to a tenant's engaging in one or more enumerated protected activities. Prohibits a local unit from adopting or enforcing any ordinance or regulation concerning retaliatory acts by landlords. Makes conforming changes. 

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