Sec. 3. (a) If a tenant has failed to remove the tenant’s personal property under section 2 of this chapter, a landlord may deliver the personal property to a warehouseman or to a storage facility if notice of both of the following has been personally served on the tenant at the last known address of the tenant:

(1) An order for removal of personal property issued under section 2 of this chapter.

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Terms Used In Indiana Code 32-31-4-3

  • Contract: A legal written agreement that becomes binding when signed.
  • exempt property: means personal property that is any of the following:

    Indiana Code 32-31-4-1

  • Personal property: All property that is not real property.
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • storage facility: means any location approved by a court for storage of a tenant's personal property under section 2(e) of this chapter. See Indiana Code 32-31-4-1.5
(2) The identity and location of the warehouseman or the storage facility.

     (b) At the demand of the owner of the exempt property, the warehouseman or storage facility shall release the exempt property to the owner without requiring payment from the owner at the time of delivery.

     (c) A waiver of the provisions of section 1 of this chapter or subsection (b) by contract or otherwise is void.

[Pre-2002 Recodification Citations: 32-7-6-2(b); 32-7-6-2(c); 32-7-6-2(d).]

As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.3.