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Legislative Update

Emergency possessory orders

January 31, 2025 Filed Under: Civil

The House Judiciary Committee heard HB 1115 authored by Rep. Manning on emergency possessory orders. The bill provides that under certain circumstances, a landlord may file a petition for an emergency possessory order. The court may order a tenant to return possession of the dwelling unit to the landlord if it finds probable cause to believe that: (1) the tenant or the tenant’s guest has committed or is threatening to commit a criminal act affecting the health and safety of another tenant or agent of the rental unit; or (2) the tenant committed certain crimes to induce the landlord into leasing or giving possession of the rental unit to the tenant. 

The Committee amended the bill by consent to (1) add “criminal” to acts affecting the health and safety of another tenant or agent of the rental unit; and (2) remove “tenant invitee” as an individual that could commit or threaten to commit a criminal act affecting the health and safety of another tenant or agent of the rental unit.

The Indiana Apartment Association testified in favor of the bill. Prosperity Indiana testified on the bill but remained neutral. The amended bill passed 9-4.

Read the bill at https://iga.in.gov/legislative/2025/bills/house/1115

Filed Under: Civil Tagged With: eviction, landlord-tenant

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The Legislative Update is a weekly update of the activities of the Indiana General Assembly and a publication of the Indiana Office of Court Services.

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