Indiana Code 32-31-1-23. Death or incapacitation of a tenant
(1) shall notify a tenant’s representative of the death;
Terms Used In Indiana Code 32-31-1-23
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
- Personal property: All property that is not real property.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Probate: Proving a will
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(3) may require the tenant’s representative to prepare and sign an inventory of the property being removed; and
(4) shall pay the tenant’s representative the deceased tenant’s security deposit and unearned rent to which the tenant would otherwise have been entitled under IC 32-31-3-12.
(b) If a landlord believes that a tenant, who is the sole occupant of the dwelling unit under a lease, is incapacitated and absent from the dwelling unit, the landlord:
(1) shall notify a tenant’s representative of the tenant’s possible incapacity;
(2) shall give the tenant’s representative access to the premises at a reasonable time to remove any personal property from the unit and other personal property of the tenant elsewhere on the premises;
(3) may require the tenant’s representative to prepare and sign an inventory of the property being removed; and
(4) shall pay the tenant’s representative the incapacitated tenant’s security deposit and unearned rent to which the tenant would otherwise have been entitled under IC 32-31-3-12.
(c) Any of the following persons, in decreasing order of priority, may accept an appointment and serve as a tenant’s representative under this article:
(1) A person designated by the tenant in a written document delivered to the landlord.
(2) A person designated, in writing, by the tenant in a written lease between the tenant and the landlord.
(3) An attorney in fact named by the tenant in a power of attorney during the tenant’s lifetime.
(4) A temporary guardian or guardian of the person of a tenant.
(5) A tenant’s heir.
(6) A person selected and appointed by a probate court upon a petition by any interested person under this section.
If a dispute exists between two (2) or more persons claiming to be a tenant’s representative, the probate court’s decision controls after a hearing held upon notice to the interested persons.
(d) A person who is authorized to serve as a tenant’s representative under subsection (c) accepts appointment by:
(1) providing written notice to the tenant’s landlord of the tenant representative’s acceptance of appointment; and
(2) if the tenant is appointed under subsection (c)(6), complying with the conditions stated in the probate court’s order.
(e) The authority of a deceased tenant’s heir, a deceased tenant’s attorney in fact, a temporary guardian, or a guardian of the person to act under this article terminates when the heir, the guardian, or the landlord knows that:
(1) a personal representative has been appointed for the deceased tenant’s estate;
(2) a tenant’s attorney in fact is acting on the living tenant’s behalf; or
(3) a guardian has been appointed for the living incapacitated tenant’s property.
(f) A landlord that complies with this section is not liable:
(1) to the tenant, if the tenant is living;
(2) to the tenant’s estate, if the tenant is deceased; or
(3) to any other person that has a claim or interest in the personal property removed from the premises, unearned rent, or security deposit.
(g) A landlord that willfully violates subsection (a) or (b) is liable:
(1) to the tenant, if the tenant is living; or
(2) to the tenant’s estate, if the tenant is deceased;
for actual damages.
(h) In addition to the rights provided in this section, the tenant’s representative has the incapacitated or deceased tenant’s rights and responsibilities under IC 32-31-4.
As added by P.L.184-2021, SEC.10.