Sec. 5. (a) Except as provided in IC 16-41-27-29, IC 32-31-3, or IC 32-31-4, a landlord may not:

(1) take possession of;

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Terms Used In Indiana Code 32-31-5-5

  • dwelling unit: means a structure or part of a structure that is used as a home, residence, or sleeping unit. See Indiana Code 32-31-5-3
  • Forbearance: A means of handling a delinquent loan. A
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) remove from a tenant’s dwelling unit;

(3) deny a tenant access to; or

(4) dispose of;

a tenant’s personal property in order to enforce an obligation of the tenant to the landlord under a rental agreement.

     (b) The landlord and tenant may agree in a writing separate from the rental agreement that the landlord may hold property voluntarily tendered by the tenant as security in exchange for forbearance from an action to evict.

[Pre-2002 Recodification Citation: 32-7-8-6.]

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