Sec. 6. (a) At the emergency hearing, if the court finds:
(1) probable cause to believe that the landlord has violated or threatened to violate IC 32-31-5-6; and
(2) that the tenant will suffer immediate and serious injury, loss, or damage;
the court shall issue an emergency order under subsection (b).
(b) If the court makes a finding under subsection (a), the court shall order the landlord to do either or both of the following:
(1) Return possession of the dwelling unit to the tenant if the tenant has been deprived of possession of the dwelling unit.
(2) Refrain from violating IC 32-31-5-6.
(c) The court may make other orders that the court considers just under the circumstances, including setting a subsequent hearing at the request of a party to adjudicate related claims between the parties.
[Pre-2002 Recodification Citation: 32-7-9-6.]
As added by P.L.2-2002, SEC.16.
Structure Indiana Code
Article 31. Landlord-Tenant Relations
Chapter 6. Emergency Possessory Orders
32-31-6-1. Applicability of Definitions
32-31-6-2. Small Claims Jurisdiction
32-31-6-3. Eligibility to File Petition
32-31-6-4. Petition Requirements
32-31-6-5. Court Review; Emergency Hearing