Much like the federal Violence Against Women Act (VAWA), Indiana’s Landlord-Tenant Relations Act provides additional rights and protection to victims of certain crimes. Victims of domestic violence, family violence, sexual abuse, or stalking are all granted enhanced protections under state law. These protections are intended to safeguard victims and allow them pathways to escape dangerous home lives. The Indiana Landlord-Tenant Relations Act law applies to property owners, including all rental housing. (IC 32-31-9-3.)

Under Indiana law, a victim (or suspected victim) of any of the above offenses is a protected individual if s/he has either (1) received a civil order for protection issued by the court or (2) received a criminal no-contact order that restrains a perpetrator from contact with the recipient. (IC 32-31-9-7.) If a tenant is a protected individual, a property owner may not: terminate a lease; refuse to renew a lease; refuse to enter into a lease, or; retaliate against the tenant solely because a tenant, a member of the tenant’s household, or a prospective tenant is a protected individual. Additionally, a property owner cannot retaliate against a protected individual simply because that tenant used his/her status to terminate his/her lease. (IC 32-31-9-8.)

A property owner’s duty to a protected individual varies depending on whether or not the perpetrator is also a tenant. If the protected individual does not reside with the perpetrator, provides written notice to the owner, and provides either a court order or criminal no-contact order to the owner, the owner must change the rental unit’s locks within 48 hours. (IC 32-31-9-9.) However, if both the protected individual and the perpetrator live in the same unit, the property owner must change the locks within 24 hours of receiving both the notice and the court order. In both circumstances, new keys to the unit should be given to the victim and not the perpetrator. (IC 32-31-9-10.)

A property owner who changes the locks after being notified in writing about the perpetrator and being given a copy of the court order demanding no contact is immune from civil liability. Even if a property owner excludes a perpetrator and their personal property is damaged in the dwelling unit, there is no civil liability to the property owner. (IC 32-31-9-10(d).)

The protected individual is responsible for reimbursing the property owner for the cost of changing the locks. However, if the property owner fails to change the locks in the time frame required, the resident may change the locks without the property owner’s permission, and the property owner is responsible for reimbursing the resident. If the resident changes the lock, s/he must give a key to the property owner. (IC 32-31-9-11.)

It is important for the property owner to review any court orders shared by the resident closely. A court order might contain instructions that the perpetrator, who lives in the dwelling unit, may be permitted back into the unit to retrieve their personal property. Only at that point may a property owner allow a perpetrator access to the dwelling unit. Otherwise, a property owner must not allow the perpetrator access to the victim’s unit without express permission in a court order. If the perpetrator is a tenant, s/he remains responsible for the conditions of the lease, including rent payments, even if s/he is prevented access to the leased unit by a court order. If there is any confusion about the order, consult with your property’s attorney.  (IC 32-31-9-10(c).)