Indiana § 32-31-1-23 - Death or incapacitation of a tenant

§ 32-31-1-23. Death or incapacitation of a tenant

Sec. 23. (a) If a landlord knows of the death of a tenant who, at the time of death, was the sole occupant of the dwelling unit under a lease, the landlord:

(1) shall notify a tenant's representative of the death;

(2) shall give the tenant's representative access to the premises at a reasonable time to remove any personal property from the unit and other personal property of the tenant elsewhere on the premises;

(3) may require the tenant's representative to prepare and sign an inventory of the property being removed; and

(4) shall pay the tenant's representative the deceased tenant's security deposit and unearned rent to which the tenant would otherwise have been entitled under IC 32-31-3-12.

(b) If a landlord believes that a tenant, who is the sole occupant of the dwelling unit under a lease, is incapacitated and absent from the dwelling unit, the landlord:

(1) shall notify a tenant's representative of the tenant's possible incapacity;

(2) shall give the tenant's representative access to the premises at a reasonable time to remove any personal property from the unit and other personal property of the tenant elsewhere on the premises;

(3) may require the tenant's representative to prepare and sign an inventory of the property being removed; and

(4) shall pay the tenant's representative the incapacitated tenant's security deposit and unearned rent to which the tenant would otherwise have been entitled under IC 32-31-3-12.

(c) Any of the following persons, in decreasing order of priority, may accept an appointment and serve as a tenant's representative under this article:

(1) A person designated by the tenant in a written document delivered to the landlord.

(2) A person designated, in writing, by the tenant in a written lease between the tenant and the landlord.

(3) An attorney in fact named by the tenant in a power of attorney during the tenant's lifetime.

(4) A temporary guardian or guardian of the person of a tenant.

(5) A tenant's heir.

(6) A person selected and appointed by a probate court upon a petition by any interested person under this section.

If a dispute exists between two (2) or more persons claiming to be a tenant's representative, the probate court's decision controls after a hearing held upon notice to the interested persons.

(d) A person who is authorized to serve as a tenant's representative under subsection (c) accepts appointment by:

(1) providing written notice to the tenant's landlord of the tenant representative's acceptance of appointment; and

(2) if the tenant is appointed under subsection (c)(6), complying with the conditions stated in the probate court's order.

(e) The authority of a deceased tenant's heir, a deceased tenant's attorney in fact, a temporary guardian, or a guardian of the person to act under this article terminates when the heir, the guardian, or the landlord knows that:

(1) a personal representative has been appointed for the deceased tenant's estate;

(2) a tenant's attorney in fact is acting on the living tenant's behalf; or

(3) a guardian has been appointed for the living incapacitated tenant's property.

(f) A landlord that complies with this section is not liable:

(1) to the tenant, if the tenant is living;

(2) to the tenant's estate, if the tenant is deceased; or

(3) to any other person that has a claim or interest in the personal property removed from the premises, unearned rent, or security deposit.

(g) A landlord that willfully violates subsection (a) or (b) is liable:

(1) to the tenant, if the tenant is living; or

(2) to the tenant's estate, if the tenant is deceased;

for actual damages.

(h) In addition to the rights provided in this section, the tenant's representative has the incapacitated or deceased tenant's rights and responsibilities under IC 32-31-4.

As added by P.L.184-2021, SEC.10.

IC 32-31-2Chapter 2. Recording Leases Longer Than Three Years

32-31-2-1Necessity of recording 32-31-2-2Failure to record lease; effect