Messmer Column: Addressing tenant and landlord conflicts
Local Sources- In this week's column from Indiana Senator Mark Messmer (R - Jasper), Messmer addresses conflicts between tenants and landlords.
Conflicts can arise between tenants and landlords, with some escalating to the eviction of the tenant. No matter the circumstance, the loss of a place of residence is a devastating blow and can have lasting consequences, including harming a person's chance of getting housing in the future.
While we must respect the rights of landlords to evict problematic tenants, our laws, when appropriate, should also offer protections to Hoosiers who find themselves facing eviction.
In order to improve how these disputes are handled, I sponsored House Enrolled Act 1214, which puts in place common-sense protections and encourages landlords and tenants to settle their cases out of court.
These new protections require the property owner in a residential eviction action to file a motion to dismiss a case if the dispute is fully resolved between the parties at any time prior to a final decision from the court. In addition, a court will now be required to give notice in an eviction case if the landlord has not taken any action on the case in 180 days. If there has still been no action taken 10 days after the notice, the defendant may file a motion to dismiss the case, or the court may dismiss the case on its own.
HEA 1214 also ensures that if a renter was subject to an eviction case, but not actually evicted, the court history is sealed from public view. This will guarantee the case doesn't hinder the tenant from finding housing or suffer other financial penalties in the future. Similarly, a court, upon a motion by the tenant, may not disclose the record of an eviction case if the action did not end in a ruling in favor of the landlord.
Lastly, some municipalities in Indiana have implemented mandatory residential eviction diversion programs that, to the detriment of the property owner, can significantly delay the eviction process. This new law requires all residential eviction diversion programs to make participation voluntary for both parties.
Balancing the rights of tenants and landlords is a tremendous challenge, and I think HEA 1214 is a step in the right direction for both parties.
As always, feel free to contact my office directly with your questions and concerns by email at [email protected] or by phone at 800-382-9467.