I would like to keep the purely political off of this blog. However, Matt Tully wrote a column in the February 7 Indianapolis Star where politics and landlord-tenant law meet. The occasion was a bill requiring landlord's to give notice before they enter the premises.

Indiana's landlord-tenant law starts with statutes. Thus, why the legislators had a hearing on this bill.

The bill reads as follows:

(e) A tenant may not unreasonably withhold consent to the tenant's landlord to enter the tenant's dwelling unit in order to:
(1) inspect the dwelling unit;
(2) make necessary or agreed to:
(A) repairs;
(B) decorations;
(C) alterations; or
(D) improvements;
(3) supply necessary or agreed to services; or
(4) exhibit the dwelling unit to prospective or actual:
(A) purchasers;
(B) mortgagees;
(C) tenants;
(D) workers; or
(E) contractors.
(f) A landlord may enter the dwelling unit:
(1) without notice to the tenant in the case of an emergency that threatens the safety of the occupants or the landlord's property; and
(2) without the consent of the tenant:
(A) under a court order;
(B) if the tenant has abandoned or surrendered the dwelling unit; or
(C) for the reasons listed in subsection (e).
(g) A landlord:
(1) shall not abuse the right of entry or use a right of entry to harass a tenant;
(2) shall give a tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit; and
(3) may enter a tenant's dwelling unit only at reasonable times.

I cannot see anything in this bill which any of my landlord or tenant clients would find objectionable.

I find more interesting what is not in the bill - any penalty for violating the statute. I think that the landlord's remedy would simply be eviction.

I think tenants would generally have only constructive eviction as a remedy. This bill does not include commercial tenants but only residential ones. I think the idea is a bit on the noble side but without a penalty provision not terribly useful for tenant. If this bill does pass into law, I think it would do well to examine closely any allegations of harassment. Therein might lie the way to enough damages to make a case profitable.

I suggest in the meantime that all parties - landlords and tenants - pay close attention to their leases. I have seen landlords who bought their leases at office supply stores find out that their lease was very good - for the tenant! The leases I draft allow for reasonable access. So any lease that does not allow reasonable access is not worth the purchase price for the landlord and not worth the trouble of signing for the tenant.

Since I represent both tenants and landlords, this post may be a bit schizoid. Security deposits present problems for both inexperienced landlords and unsophisticated tenants. Indiana Code IC 32-31-3-12 sets out the law on security deposits.

Within 45 days after the end of the lease and taking possession of the rental property, the landlord must give a written itemized accounting of how the landlord spent the damage deposit unless the tenant has given the landlord written notice of the tenant's new address.

Both tenants and landlords need to pay attention to when the 45 days start. The 45 days start when the tenant moves out and gives the keys and a writing showing the tenant's new address to the landlord.

Both the tenant and the landlord need to keep track of the time after the tenant leaves, gives control of the property to the landlord and gives notice of the new address.

If the tenant moves out at the end of the lease, the tenant should get a receipt from the landlord showing the date that the tenant moved out, that the tenant delivered the keys and gave the landlord a writing showing the tenant's new address.

If the tenant cannot get teh landlord to sign the receipt I just described, then the tenant should send a certified letter giving the landlord the tenant's new address. The tenant needs to keep a copy of the letter and the green, certified mail card. The card shows when the landlord got the tenant's letter.

The landlord needs to be meticulous when itemizing the expenses applied against the security deposit. The landlord needs to be particularly meticulous when there was an eviction or the tenant claims the landlord broke the lease. The security deposit statute requires the landlord "to return to the tenant the security deposit minus any amount applied to: (1) the payment of accrued rent; (2) the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and (3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement...."

Tenants should photograph or videotape the rental property before moving out. The landlord will have its photographs and the tenant needs to have their evidence ready.

The statute provides for specific penalties if the landlord fails to comply with the statute. The tenant's penalty for not giving the landlord notice of the tenant's new address is the landlord can continue to hold the damage deposit. A landlord failing to comply with the statute may be liable for the entire deposit and for the tenant's attorney fees.

Tenant withholds rent to get the landlord's attention about a problem with the leased property. What can the landlord do?

Well, the landlord can evict the tenant. Which is probably what the landlord will do to the tenant with the landlord disregarding the tenant's outrage. Then the landlord will ask the court for the withheld rent as damages (damages being money that should be paid by the tenant/defendant to the landlord/plaintiff).

So much for self-help.

Of course, I am going to suggest getting an attorney. An ounce of prevention being worth a pound of cure, an attorney can tell you if you are being an utter fool or if you have a good grievance against the landlord.

See, there is a situation called constructive eviction. The landlord did something (or did not do something the law required the landlord to do) which had the effect of making the property uninhabitable. Think about not fixing a furnace during sub-zero winter weather. Some cities passed local ordinances giving more protection to tenants. Also, your lease might provide its own protections.

An attorney can give you a better idea of what your rights are and what remedies are available to you.