Bill Text: IN HB1207 | 2010 | Regular Session | Introduced
Bill Title: Storage of tenant property.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-07 - First reading: referred to Committee on Interstate and International Cooperation [HB1207 Detail]
Download: Indiana-2010-HB1207-Introduced.html
Citations Affected: IC 32-31-4.
Synopsis: Storage of tenant property. Provides that a storage facility
may not release certain property to a tenant whose property has been
stored with the storage facility until the landlord gives the tenant a
release. Requires a landlord to give the tenant a release after the tenant
has reimbursed the landlord for certain expenses the landlord has
incurred in the storage of the tenant's property. Provides that the
landlord may not refuse to give the tenant a release because the
landlord has other claims against the tenant under the lease. Amends
the definition of "storage facility" to include a warehouseman.
Effective: July 1, 2010.
January 7, 2010, read first time and referred to Committee on Interstate and International
Cooperation.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
(b) The term includes a warehouseman.
(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
(1) An order for removal of personal property issued under section 2 of this chapter.
(2) The identity and location of
(b) At the demand of the owner of the exempt property, the
(c) A waiver of the provisions of section 1 of this chapter or subsection (b) by contract or otherwise is void.
(1) Storage.
(2) Transportation.
(3) Insurance.
(4) Labor.
(5) Present or future charges related to the property.
(6) Expenses necessary for preservation of the property.
(7) Expenses reasonably incurred in the lawful sale of the property.
(b) A tenant may claim the tenant's property at any time until the sale of the property under section 5 of this chapter by:
(1) paying the
(2) reimbursing the landlord for any of the expenses described in subsection (a) that the landlord has paid to the storage facility.
(c) After a tenant has fully reimbursed the landlord for all expenses described in subsection (a) that the landlord has paid to the storage facility, the landlord shall give the tenant a written release stating that the storage facility may release the property to the tenant under section 3 of this chapter. The landlord may not refuse to give the tenant a release under this subsection because the landlord has other claims against the tenant under the lease.