Sec. 10. (a) This section applies if the perpetrator who is restrained from contact with the tenant referred to in subsection (b) under an order referred to in section 7(2)(A) or 7(2)(B) of this chapter is a tenant of the same dwelling unit as the tenant referred to in subsection (b).

lease

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Terms Used In Indiana Code 32-31-9-10

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • dwelling unit: has the meaning set forth in IC 32-31-5-3. See Indiana Code 32-31-9-5
  • 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
  • perpetrator: means an individual who:

    Indiana Code 32-31-9-6

  • Personal property: All property that is not real property.
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (b) A landlord shall change the locks of a tenant’s dwelling unit, upon the written request of the tenant, not later than twenty-four (24) hours after the tenant provides the landlord with a copy of a court order referred to in section 7(2) of this chapter restraining the perpetrator referred to in subsection (a) from contact with the tenant, and shall give a key to the new locks to the tenant.

     (c) Unless the court order provided to the landlord under subsection (b) allows the perpetrator to return to the dwelling unit to retrieve the perpetrator’s personal property, a landlord to whom subsection (b) applies may not by any act provide the perpetrator access to the dwelling unit.

     (d) A landlord to whom subsection (b) applies is immune from civil liability for:

(1) excluding the perpetrator from the dwelling unit under a court order; or

(2) loss of use of or damage to personal property while the personal property is present in the dwelling unit.

     (e) A perpetrator who has been excluded from a dwelling unit under this section remains liable under the lease with all other tenants of the dwelling unit for rent or damages to the dwelling unit as provided in the lease.

As added by P.L.22-2007, SEC.2.

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