(a)If a landlord knows of the death of a
tenant who, at the time of death, was the sole occupant of the dwelling
unit under a lease, the landlord:
(1)shall notify a tenant's representative of the death;
(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 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
Free access — add to your briefcase to read the full text and ask questions with AI
(a) If a landlord knows of the death of a
tenant who, at the time of death, was the sole occupant of the dwelling
unit under a lease, the landlord:
(1) shall notify a tenant's representative of the death;
(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 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.