§ 32-31-4-2 — Liability; abandoned property; court order allowing removal by landlord

Indiana § 32-31-4-2

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 31: LANDLORD-TENANT RELATIONS
• Ch. 4: Moving and Storage of Tenant's Property

Text

(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.
(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.]

Legislative History

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