Title 32, PROPERTY

Sec. 11. (a) If the complainant has applied for a preliminary injunction under section 9(a) of this chapter, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing on the application for the preliminary injunction: (1) before or…

Sec. 12. (a) If the plaintiff has applied for a preliminary injunction under section 9(a) of this chapter and, at the preliminary injunction hearing, the plaintiff proves by a preponderance of the evidence that the indecent nuisance exists as alleged in the complaint, the court s…

Sec. 13. An order issued under section 12(b)(2) of this chapter closing a place continues in effect while the restraining order issued under section 9(b) of this chapter is in effect. If a restraining order has not been issued under section 9(b) of this chapter, the order closing…

Sec. 14. If a restraining order is issued under section 9(b) or 13 of this chapter: (1) the restraining order shall be served under section 9(c) of this chapter; and (2) the inventory of the property shall be made and filed as provided in section 9(d) of this chapter. [Pre-2002 R…

Sec. 15. (a) The owner of real property that has been closed or is to be closed under this chapter may appear after the filing of the complaint and before the hearing on the application for a permanent injunction and do the following: (1) Pay all costs incurred. (2) File a bond w…

Sec. 16. The owner of the personal property that has been restrained or is to be restrained under this chapter may appear after the filing of the complaint and before the hearing on the application for a permanent injunction and petition the court to release the personal property…

Sec. 17. The release of any real or personal property under section 15 or 16 of this chapter does not release the property from any judgment, lien, penalty, or liability to which it is subject. [Pre-2002 Recodification Citation: 34-19-2-12.] As added by P.L.2-2002, SEC.15.

Sec. 18. An indecent nuisance action under this chapter shall be set down for trial without delay and takes precedence over all other cases except crimes, election contests, or injunctions. [Pre-2002 Recodification Citation: 34-19-2-13.] As added by P.L.2-2002, SEC.15.

Sec. 19. In an indecent nuisance action under this chapter, evidence of the general reputation of the place is: (1) admissible to prove the existence of the indecent nuisance; and (2) presumptive evidence that a person who: (A) owned; (B) was in control of; or (C) was in charge o…

Sec. 2. As used in this chapter, "person" has the meaning set forth in IC 35-31.5-2-234. [Pre-2002 Recodification Citation: 34-6-2-103.] As added by P.L.2-2002, SEC.15. Amended by P.L.114-2012, SEC.55.

Sec. 20. (a) This section applies to an indecent nuisance complaint under this chapter filed by a private person. (b) The court shall not voluntarily dismiss the complaint unless: (1) the complainant and the complainant's attorney file a sworn statement setting forth the reason w…

Sec. 21. If at the permanent injunction hearing the plaintiff proves by a preponderance of the evidence that the indecent nuisance exists as alleged in the complaint, the court shall enter a judgment that perpetually enjoins: (1) the defendant and any other person from further ma…

Sec. 22. (a) If the existence of an indecent nuisance is admitted or established as provided in section 21 of this chapter, the court shall enter an order of abatement as a part of the judgment in the case. The order of abatement must: (1) direct the removal of all personal prope…

Sec. 23. In case of: (1) the violation of any injunction or closing order granted under this chapter; (2) the violation of a restraining order issued under this chapter; or (3) the commission of any contempt of court in proceedings under this chapter; the court may summarily try …

Sec. 24. (a) Except as provided in section 24.5 of this chapter, all money collected under this chapter shall be paid to the county treasurer. (b) The proceeds of the sale of the personal property under section 22 of this chapter, or as much of the proceeds as necessary, shall be…

Sec. 24.5. Money collected under this chapter concerning a public place in or upon which human trafficking (as described in IC 35-42-3.5-1 through IC 35-42-3.5-1.4) is conducted, permitted, continued, or exists, and the personal property and contents used in conducting and mainta…

Sec. 25. (a) This section applies to a tenant or occupant of a building or tenement, under a lawful title, who uses the place for acts that create an indecent nuisance. (b) The owner of a place described in subsection (a) may void the lease or other title under which the tenant o…

Sec. 3. As used in this chapter, "place" includes any part of a building or structure or the ground. [Pre-2002 Recodification Citation: 34-6-2-107.] As added by P.L.2-2002, SEC.15.

Sec. 4. As used in this chapter, "prosecuting official" refers to public officials who have concurrent jurisdiction to enforce this chapter, including: (1) the attorney general; (2) the prosecuting attorney of the circuit in which an indecent nuisance exists; (3) the corporation …

Sec. 5. As used in this chapter, "public place" means any place to which the public is invited by special or an implied invitation. [Pre-2002 Recodification Citation: 34-6-2-125.] As added by P.L.2-2002, SEC.15.

Sec. 6. The following are guilty of maintaining an indecent nuisance and may be enjoined from maintaining the indecent nuisance under this chapter: (1) A person who uses, occupies, establishes, maintains, or conducts an indecent nuisance. (2) The owner, agent, or lessee of any in…

Sec. 7. (a) If an indecent nuisance exists, a prosecuting official or any resident of the county in which the indecent nuisance exists may bring an action to abate the indecent nuisance and to perpetually enjoin the maintenance of the indecent nuisance. (b) If a person other than…

Sec. 8. An indecent nuisance action must be brought in the circuit or superior court of the county in which the alleged indecent nuisance is located. The action is commenced by filing a verified complaint alleging the facts constituting the indecent nuisance. [Pre-2002 Recodifica…

Sec. 9. (a) After filing the complaint, a complainant may apply to the court for a preliminary injunction. The court shall grant a hearing on the complainant’s motion for preliminary injunction not later than ten (10) days after it is filed. (b) If an application for a preliminar…

Sec. 1. (a) Except as provided in subsection (b), this chapter applies only to dwelling units that are let for rent under a rental agreement entered into after June 30, 2002. (b) This chapter does not apply to dwelling units that are let for rent with an option to purchase under …

Sec. 2. The definitions in IC 32-31-3 apply throughout this chapter. As added by P.L.92-2002, SEC.1.

Sec. 3. As used in this chapter, "rental premises" includes all of the following: (1) A tenant's rental unit. (2) The structure in which the tenant's rental unit is a part. As added by P.L.92-2002, SEC.1.

Sec. 4. A waiver of the application of this chapter by a landlord or tenant, by contract or otherwise, is void. As added by P.L.92-2002, SEC.1.

Sec. 5. A tenant shall do the following: (1) Comply with all obligations imposed primarily on a tenant by applicable provisions of health and housing codes. (2) Keep the areas of the rental premises occupied or used by the tenant reasonably clean. (3) Use the following in a reaso…

Sec. 6. At the termination of a tenant's occupancy, the tenant shall deliver the rental premises to the landlord in a clean and proper condition, excepting ordinary wear and tear expected in the normal course of habitation of a dwelling unit. As added by P.L.92-2002, SEC.1.

Sec. 7. (a) A landlord may bring an action in a court with jurisdiction to enforce an obligation of a tenant under this chapter. (b) Except as provided in subsection (c), a landlord may not bring an action under this chapter unless the following conditions are met: (1) The landlo…

Sec. 1. As used in this chapter, "guest" includes a transient guest, permanent guest, tenant, lodger, or boarder. [Pre-2002 Recodification Citation: 32-8-28-6.] As added by P.L.2-2002, SEC.18.

Sec. 2. (a) If: (1) the proprietor or manager of a hotel, an apartment hotel, or an inn provides a safe in a convenient place for the safekeeping of any money, jewels, ornaments, furs, bank notes, bonds, negotiable security, or other valuable papers, precious stones, railroad tic…

Sec. 3. Except as provided in section 2 of this chapter, the hotel, apartment hotel, or inn and its proprietor or manager are not liable for the loss of or damage to personal property, other than merchandise samples or merchandise for sale, brought into the hotel, apartment hotel…

Sec. 4. A hotel, an apartment hotel, or an inn and its proprietor or manager are not liable for the loss of or damage to any merchandise samples or merchandise for sale, whether the loss or damage is occasioned by the negligence of the proprietor or manager or the proprietor's or…

Sec. 5. In case of loss or damage to any property left by a guest after the guest has departed from any hotel, apartment hotel, or inn and ceased to be a guest, the liability of the proprietor is that of "gratuitous bailee" and may not exceed one hundred dollars ($100). [Pre-2002…

Sec. 6. In case of loss of or damage to any property while in transit to or from any hotel, apartment hotel, or inn on behalf of a guest, the liability of the proprietor is limited to two hundred dollars ($200), whether the loss or damage is occasioned by the negligence of the pr…

Sec. 1. (a) This chapter does not apply where a silk screen maker or silk screen user retains title to and possession of a silk screen. (b) This chapter does not grant a customer any rights or title to or interest in a silk screen. [Pre-2002 Recodification Citation: 32-9-7-5.] As…

Sec. 2. As used in this chapter, "customer" means an individual or entity that causes another individual or entity to make a silk screen or to use a silk screen to manufacture, assemble, or make a product. [Pre-2002 Recodification Citation: 32-9-7-1 part.] As added by P.L.2-2002,…

Sec. 3. As used in this chapter, "silk screen maker" means an individual or entity that makes a silk screen. [Pre-2002 Recodification Citation: 32-9-7-1 part.] As added by P.L.2-2002, SEC.19.

Sec. 4. As used in this chapter, "silk screen user" means an individual or entity that uses a silk screen to manufacture, assemble, or make a product. [Pre-2002 Recodification Citation: 32-9-7-1 part.] As added by P.L.2-2002, SEC.19.

Sec. 5. If a customer does not take possession of the customer's silk screen from a silk screen maker or silk screen user within three (3) years after the silk screen's last use, the customer's rights, title, and interest in the customer's silk screen are transferred to the silk …

Sec. 6. (a) After the three (3) year period specified in section 5 of this chapter has expired, a silk screen maker or silk screen user may choose to have all rights, title, and interest in any silk screen transferred to the silk screen maker or silk screen user for purposes of d…

Sec. 7. This chapter does not affect: (1) a written agreement between the silk screen maker or silk screen user and the customer concerning possession of the silk screen; or (2) any rights of the customer under federal patent or copyright law or any state or federal law pertainin…

Sec. 8. For silk screens in existence on June 1, 1983, the three (3) year period specified in this chapter begins on the last date that the silk screen was used, regardless of whether that date was before June 1, 1983. [Pre-2002 Recodification Citation: 32-9-7-7.] As added by P.L…

Sec. 1. Subject to sections 2 through 11 of this chapter, a disclaimer may be delivered by: (1) personal delivery; (2) first class mail; or (3) any other method likely to result in receipt of the disclaimer. As added by P.L.5-2003, SEC.1.