Indiana § 32-31-6-7 Waste

Indiana Statutes

§ 32-31-6-7 — Waste

Indiana·Title 32 PROPERTY·Art. 31 LANDLORD-TENANT RELATIONS·Ch. 6 Emergency Possessory Orders

(a)As used in this section, "waste" does not include failure to pay rent.

(b)At the emergency hearing, if the court finds:

(1)by a preponderance of the evidence that the tenant has committed or threatens to commit waste to the rental unit; and

(2)that the landlord has suffered or will suffer immediate and serious:

(A)injury;

(B)loss; or

(C)damage; the court shall issue an order under subsection (c).

(c)If the court makes a finding under subsection (b), the court shall order the tenant to do either or both of the following:

(1)Return possession of the dwelling unit to the landlord.

(2)Refrain from committing waste to the dwelling unit.

(d)The court may make other orders that the court considers just under the circumstances, including setting a subsequent hearing at the request of

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(a) As used in this section, "waste" does not
include failure to pay rent.
(b) At the emergency hearing, if the court finds:
(1) by a preponderance of the evidence that the tenant has
committed or threatens to commit waste to the rental unit; and
(2) that the landlord has suffered or will suffer immediate and
serious:
(A) injury;
(B) loss; or
(C) damage;
the court shall issue an order under subsection (c).
(c) If the court makes a finding under subsection (b), the court shall
order the tenant to do either or both of the following:
(1) Return possession of the dwelling unit to the landlord.
(2) Refrain from committing waste to the dwelling unit.
(d) The court may make other orders that the court considers just
under the circumstances, including setting a subsequent hearing at the
request of a party to adjudicate related claims between the parties.
[Pre-2002 Recodification Citation: 32-7-9-7.]