New state law will protect families in rent-to-own agreements

Lanane says expansion of existing landlord-tenant laws will fill gap in protection

INDIANAPOLIS, IN  – A new state law to expand landlord-tenant protections to rent-to-own agreements will become effective on July 1. State Senator Tim Lanane (D-Anderson), a sponsor of Public Law 62 (House Enrolled Act 1061), said the change was important to ensure safe and affordable housing options for Hoosier families.

“Rent-to-own agreements are becoming increasingly popular as economic strains push families to seek alternative housing options. We want to ensure that those families and their landlords are protected under the law,” Lanane said. “If it is a rental property, regardless of the tenant’s intent to purchase, then the landlord-tenant laws should apply.”

The General Assembly reformed Indiana’s landlord-tenant laws in 2002, providing increased regulations on rental housing conditions and utility provision standards. According to current law, a landlord is required to maintain electrical, plumbing, sanitary, and heating and cooling systems in good and safe working condition for the rental property. Among other provisions, landlords are also required to make reasonable efforts to keep common areas clean and in proper condition.

Tenants are required to keep the rental property reasonably clean and to refrain from defacing, damaging, destroying, or removing any part of the rental premises.

Also related to rental housing, Public Law 17 (Senate Enrolled Act 26) will require smoke detectors in all rental homes. Effective July 1, the new law makes it a Class B infraction for a landlord’s failure to properly install a smoke detector at the time a tenant moves into a unit or to repair an inoperative hard-wired smoke detector within seven days of receiving notice of the need for repair.

Other new laws that will become effective on July 1:

Domestic violence cooling off period: Public Law 44 (Senate Enrolled Act 27), coauthored by Lanane, will require anyone arrested for domestic violence to remain in custody for at least eight hours before being released on bail. This measure was enacted to allow families the time they need to access services while the accused abuser remains in custody.

Automatic payment of property taxes: Public Law 118 (Senate Enrolled Act 208), also coauthored by Lanane, allows counties to provide homeowners with the option of paying property taxes through an automatic deduction from a checking account or any other method of installment payment.

Workplace lactation: Public Law 13 (Senate Enrolled Act 219) requires businesses with 25 or more employees to make a reasonable effort to provide a private place for an employee to express breast milk for her child and to provide some form of refrigeration to store the milk.

For more information on Sen. Lanane, his legislative agenda or other State Senate business call 1-800-382-9467 or visit www.senatedemocrats.IN.gov.

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