The Senate Judiciary Committee heard HB 1115 regarding emergency possessory orders sponsored by Sen. Gaskill and authored by Rep. Manning which would permit a landlord to petition for emergency possession of a rental unit if:
- the tenant or tenant’s guest committed a crime that directly affects the health and safety of another tenant or agent of the rental unit, or
- the tenant committed a crime to induce the landlord into leasing or giving possession to the tenant.
The bill also provides that the court must find probable cause to believe the tenant has committed the described acts to issue the order of emergency possession. If the court enters such order, then the tenant has seven days after the hearing to return possession to the landlord and the court is permitted to enter other orders considered just under the circumstances, including subsequent hearings to adjudicate related claims.
The bill was amended by consent to change the standard of proof from probable cause to preponderance of the evidence and to provide the seven-day period to return possession runs from the date of the court’s order. The Indiana Apartment Association testified in support. The amended bill passed 10-0.
Read the bill at https://iga.in.gov/legislative/2025/bills/house/1115