From
The KDDK Advantage - August 2007
Effective July 1:
Renters
Gain New Privacy Rights
A
new law effective July 1 provides additional privacy
rights for renters. In Indiana, landlords must now notify
tenants before entering an apartment, and then may only
enter at reasonable times.
Previously, landlords
could enter rental units at any time without notice.
Although renters now have greater privacy rights, they
still cannot stop a landlord from
entering a dwelling for inspection, repairs or improvements. Landlords also
have the right to access a unit at any time, without
notice, in an emergency situation
such as a burst pipe, gas leak or other hazard that poses an immediate threat
to the renter or the property.
The new law also states
that a landlord may enter a unit without notice if the
renter clearly has abandoned or surrendered the unit.
A landlord may dispose
of clearly abandoned property without any liability. If, however, an eviction
is taking place or it is unclear whether the property has been abandoned,
the landlord must store the property for 90 days. If
the property is not claimed
within 90 days, the landlord may sell it at auction.
Renters who are victims
of domestic violence also have additional rights under
the new tenant-landlord law.
The new law provides
that a tenant has rights as a “protected individual”
if that tenant is a victim of domestic violence, a sex
offense or stalking,
as long
as she or he has taken court action to prevent contact with the perpetrator.
The landlord, if requested, must change an apartment’s locks within 24 hours
if the perpetrator lives in the same apartment as the protected person, and
within 48 hours if not. The new law only applies,
however, to leases entered into or renewed on or after July 1, 2007.
Protected individuals
also may end a lease early and without penalty if they
give the landlord a 30-day written notice, have a court
order restraining
the
perpetrator and have a written safety plan recommending the resident move
out of the unit. Other tenants residing in the unit, including a perpetrator,
are
responsible for rent and any damages if the protected individual moves
out. However, that individual’s security deposit can
be kept until the original
lease expiration
date. Additionally, a landlord cannot refuse to rent to a person on the
sole basis that the person is a protected individual.
Carrie
Mount Roelle practices in the areas of litigation and
trial services, insurance defense, insurance subrogation
and bankruptcy, collection & creditors’ rights. She
can be contacted at 812-423-3183 or croelle@kddk.com.
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