Sec. 5. (a) A person initiating an action under this chapter to abate a nuisance existing on a property shall, at least forty-five (45) days before filing the action, provide notice to:

(1) each tenant of the property; and

contract signature

Need help reviewing a real estate contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Indiana Code 32-30-8-5

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • nuisance: means the use of a property to commit an act constituting an offense under IC 35-48-4. See Indiana Code 32-30-8-1
  • property: means a house, a building, a mobile home, or an apartment that is leased for residential or commercial purposes. See Indiana Code 32-30-8-2
  • tenant: means a person who leases or resides in a property. See Indiana Code 32-30-8-3
(2) the owner of record;

that a nuisance exists on the property.

     (b) The notice required under this section must specify the following:

(1) The date and time the nuisance was first discovered.

(2) The location on the property where the nuisance is allegedly occurring.

     (c) The notice must be:

(1) hand delivered; or

(2) sent by certified mail;

to each tenant and the owner of record.

     (d) A person initiating an action to abate a nuisance under this chapter shall:

(1) when notice is provided under this section, produce all evidence in the person’s possession or control of the existence of the nuisance; and

(2) if requested by the owner, assist the owner in the production of witness and physical evidence.

[Pre-2002 Recodification Citation: 34-19-3-5.]

As added by P.L.2-2002, SEC.15.

  Previous section
Next section  
 Chapter 8 Contents