§ 32-31-5-6 — Landlord prohibited from interfering with access, possession, or essential services; unit entry by landlord

(a) This section does not apply if the dwelling
unit has been abandoned.
(b) For purposes of this section, a dwelling unit is considered
abandoned if:
(1) the tenants have failed to:
(A) pay; or
(B) offer to pay;
rent due under the rental agreement; and
(2) the circumstances are such that a reasonable person would
conclude that the tenants have surrendered possession of the
dwelling unit.
An oral or written rental agreement may not define abandonment
differently than is provided by this subsection.
(c) Except as authorized by judicial order, a landlord may not deny
or interfere with a tenant's access to or possession of the tenant's
dwelling unit by commission of any act, including the following:
(1) Changing the locks or adding a device to exclude the tenant
from the dwelling unit.
(2) Removing the doors, windows, fixtures, or appliances from
the dwelling unit.
(3) Interrupting, reducing, shutting off, or causing termination of
any of the following to a tenant:
(A) Electricity.
(B) Gas.
(C) Water.
(D) Other essential services.
However, the landlord may interrupt, shut off, or terminate
service as the result of an emergency, good faith repairs, or
necessary construction. This subdivision does not require a
landlord to pay for services described in this subdivision if the
landlord has not agreed, by an oral or written rental agreement, to
do so.
(d) A tenant may not interrupt, reduce, shut off, or cause termination
of:
(1) electricity;
(2) gas;
(3) water; or
(4) other essential services;
to the dwelling unit if the interruption, reduction, shutting off, or
termination of the service will result in serious damage to the rental
unit.
(e) A tenant may not unreasonably withhold consent to the tenant's
landlord to enter the tenant's dwelling unit in order to:
(1) inspect the dwelling unit;
(2) make necessary or agreed to:
(A) repairs;
(B) decorations;
(C) alterations; or
(D) improvements;
(3) supply necessary or agreed to services; or
(4) exhibit the dwelling unit to prospective or actual:
(A) purchasers;
(B) mortgagees;
(C) tenants;
(D) workers; or
(E) contractors.
(f) A landlord may enter the dwelling unit:
(1) without notice to the tenant in the case of an emergency that
threatens the safety of the occupants or the landlord's property;
and
(2) without the consent of the tenant:
(A) under a court order; or
(B) if the tenant has abandoned or surrendered the dwelling
unit.
(g) A landlord:
(1) shall not abuse the right of entry or use a right of entry to
harass a tenant;
(2) shall give a tenant reasonable written or oral notice of the
landlord's intent to enter the dwelling unit; and
(3) may enter a tenant's dwelling unit only at reasonable times.
[Pre-2002 Recodification Citation: 32-7-8-7.]

Legislative History

As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.6.