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Updated over 5 years ago on . Most recent reply

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207
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Jynell Berkshire
  • Real Estate Attorney, Broker, Investor
  • Indianapolis, IN
58
Votes |
207
Posts

Indianapolis: REQUIRED "Notice of Tenant Rights/Responsibilities"

Jynell Berkshire
  • Real Estate Attorney, Broker, Investor
  • Indianapolis, IN
Posted

In the event you are not aware in the City of Indianapolis/Marion County, effective July 1, 2020, Landlords are REQUIRED to provide tenants a "Notice of Tenant Rights and Responsibilities". The Notice MUST be included in any new lease agreement or addendum thereto. 

Although the 2020 Indiana General Assembly Session inserted language in Senate Bill 148 prohibiting the City of Indianapolis from adopting such ordinance requiring the Notice, Indiana Governor Eric Holcomb vetoed SB 148 on March 25, 2020. As a result, Landlords are required to provide such Notice to tenants.

Given the controversial nature of this issue, I fully suspect that this landlord-tenant matter will be introduced again during the 2021 Indiana General Assembly by landlord representative advocates in which to enact legislation which would outlaw Indianapolis/Marion County’s local ordinance. Sadly, until then, landlords will be required to provide such Notice to tenants. Failure to do so, could lead to a monetary fine.

If a landlord is found to have retaliated against a tenant in response to the tenant’s exercise of his/her rights, a landlord now faces a penalty of $2500, or $7500 for a repeat offense. These are the maximum monetary penalties allowed under Indiana law.

Happy Investing!

-Jynell

  • Jynell Berkshire
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