§ 32-31-9-12 — Termination of rental agreements by protected individuals; written notices; liability

Indiana § 32-31-9-12

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 31: LANDLORD-TENANT RELATIONS
• Ch. 9: Rights of Tenants Who Are Victims of Certain Crimes

Text

(a) A protected individual who is a tenant
may terminate the protected individual's rights and obligations under
a rental agreement by providing the landlord with a written notice of
termination in compliance with this section.
(b) A protected individual must give written notice of termination
under this section to the landlord at least thirty (30) days before the
termination date stated in the notice.
(c) The written notice required by this section must include:
(1) a copy of:
(A) a civil order for protection issued or recognized by a court
under IC 34-26-5 that restrains a perpetrator from contact with
the protected individual; or
(B) a criminal no contact order that restrains a perpetrator from
contact with the protected individual; and
(2) if the protected individual is a victim of domestic violence or
sexual assault, a copy of a safety plan, which must satisfy the
following:
(A) The plan must be dated not more than thirty (30) days
before the date on which the protected individual provides the
written notice to the landlord under this section.
(B) The plan must be provided by an accredited domestic
violence or sexual assault program.
(C) The plan must recommend relocation of the protected
individual.
(d) If a protected individual's rights and obligations under a rental
agreement are terminated under this section, the protected individual
is liable for the rent and other expenses due under the rental agreement:
(1) prorated to the effective date of the termination; and
(2) payable at the time when payment of rent would have been
required under the rental agreement.
A protected individual whose rights and obligations under a rental
agreement are terminated under this section is not liable for any other
rent or fees that would be due only because of the early termination of
the protected individual's rights and obligations under the rental
agreement. If a protected individual terminates the rental agreement at
least fourteen (14) days before the protected individual would first have
the right to occupy the dwelling unit under the lease, the individual is
not subject to any damages or penalties.
(e) Notwithstanding section 13 of this chapter, a protected
individual is entitled to deposits, returns, and other refunds as if the
tenancy terminated by expiring under the terms of the rental agreement.

Legislative History

As added by P.L.22-2007, SEC.2.