Landlord prohibited from interfering with access, possession, or
essential services
Sec. 6. (a) This section does not apply if the dwelling unit has
been abandoned.
(b) For purposes of this section, a dwelling unit is considered
abandoned if:
(1) the tenants have failed to:
(A) pay; or
(B) offer to pay;
rent due under the rental agreement; and
(2) the circumstances are such that a reasonable person would
conclude that the tenants have surrendered possession of the
dwelling unit.
An oral or written rental agreement may not define abandonment
differently than is provided by this subsection.
(c) Except as authorized by judicial order, a landlord may not
deny or interfere with a tenant's access to or possession of the
tenant's dwelling unit by commission of any act, including the
following:
(1) Changing the locks or adding a device to exclude the tenant
from the dwelling unit.
(2) Removing the doors, windows, fixtures, or appliances from
the dwelling unit.
(3) Interrupting, reducing, shutting off, or causing termination
of any of the following to a tenant:
(A) Electricity.
(B) Gas.
(C) Water.
(D) Other essential services.
However, the landlord may interrupt, shut off, or terminate
service as the result of an emergency, good faith repairs, or
necessary construction. This subdivision does not require a
landlord to pay for services described in this subdivision if the
landlord has not agreed, by an oral or written rental agreement,
to do so.
(d) A tenant may not interrupt, reduce, shut off, or cause
termination of:
(1) electricity;
(2) gas;
(3) water; or
(4) other essential services;
to the dwelling unit if the interruption, reduction, shutting off, or
termination of the service will result in serious damage to the rental
unit.
As added by P.L.2-2002, SEC.16.
Last modified: May 24, 2006