Emergency possessory orders., the official text

First Regular Session of the 124th General Assembly (2025)

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  HOUSE ENROLLED ACT No. 1115

   AN ACT to amend the Indiana Code concerning property.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 32-31-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The following
may file a petition for an emergency possessory order under this
chapter:

      (1) A tenant, if the landlord has violated IC 32-31-5-6.
      (2) A landlord, if the tenant has committed or threatens to commit
      waste to the rental unit.
      (3) A landlord if:

         (A) a tenant or the tenant's guest has committed a crime
         that affects the health and safety of another tenant, the
         landlord, or an agent of the landlord; or
         (B) a tenant provided materially false information to the
         landlord with the intent to induce the landlord into leasing
         or giving possession of the rental unit to the tenant.
   (b) Nothing in this section shall be construed to interfere with
the rights of a tenant who is the victim of a crime described in
IC 32-31-9.
   SECTION 2. IC 32-31-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. (a) At the emergency
hearing, if the court finds:
      (1) probable cause to believe by a preponderance of the
      evidence that the landlord has violated or threatened to violate

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      IC 32-31-5-6; and
      (2) that the tenant will suffer immediate and serious injury, loss,
      or damage;
the court shall issue an emergency order under subsection (b).
   (b) If the court makes a finding under subsection (a), the court shall
order the landlord to do either or both of the following:
      (1) Return possession of the dwelling unit to the tenant if the
      tenant has been deprived of possession of the dwelling unit.
      (2) Refrain from violating IC 32-31-5-6.
   (c) 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.
   SECTION 3. IC 32-31-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) As used in this
section, "waste" does not include failure to pay rent.
   (b) At the emergency hearing, if the court finds:
      (1) probable cause to believe 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.
   SECTION 4. IC 32-31-6-7.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 7.1. (a) At the emergency hearing, if the court finds
by a preponderance of the evidence that:
      (1) the tenant or the tenant's guest has committed a crime that
      affects the health and safety of another tenant, the landlord,
      or an agent of the landlord and that the other tenant, the
      landlord, or an agent of the landlord has suffered or will
      suffer immediate and serious:
         (A) injury;

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         (B) loss; or
         (C) damage; or
      (2) the tenant provided materially false information to the
      landlord with the intent to induce the landlord into leasing or
      giving possession of the rental unit to the tenant;
the court shall issue an order under subsection (b).
   (b) If the court makes a finding under subsection (a), the court
shall order the tenant to return possession of the dwelling unit to
the landlord not later than seven (7) days from the date of the
emergency hearing.
   (c) The court may issue 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.
   SECTION 5. IC 32-31-6-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 9. If the court sets a
subsequent hearing under section 6(c), or 7(d), or 7.1(c) of this
chapter, the court may do the following at the subsequent hearing:
      (1) Determine damages.
      (2) Order return of a tenant's withheld property.
      (3) Make other orders the court considers just under the
      circumstances.
   SECTION 6. IC 32-31-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 10. The adjudication of
an emergency possessory claim under section 6(b), or 7(c), or 7.1(b)
of this chapter does not bar a subsequent claim a party may have
against the other party arising out of the landlord and tenant
relationship unless that claim has been adjudicated under section 9 of
this chapter.

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Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

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