Sec. 2. (a) A landlord has no liability for loss or damage to a tenant’s personal property if the tenant’s personal property has been abandoned by the tenant.

     (b) For purposes of this section, a tenant’s personal property is considered abandoned if a reasonable person would conclude that the tenant has vacated the premises and has surrendered possession of the personal property.

lease

Need help with a review of a residential lease?
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 32-31-4-2

  • 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.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • storage facility: means any location approved by a court for storage of a tenant's personal property under section 2(e) of this chapter. See Indiana Code 32-31-4-1.5
     (c) An oral or a written rental agreement may not define abandonment differently than is provided in subsection (b).

     (d) If a landlord is awarded possession of a dwelling unit by a court under IC 32-30-2, the landlord may seek an order from the court allowing removal of a tenant’s personal property.

     (e) If the tenant fails to remove the tenant’s personal property before the date specified in the court’s order issued under subsection (d), the landlord may remove the tenant’s personal property in accordance with the order and deliver the personal property to a warehouseman under section 3 of this chapter or to a storage facility approved by the court.

[Pre-2002 Recodification Citation: 32-7-6-1.]

As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.2.

  Previous section
Next section  
 Chapter 4 Contents